IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.307 of 2011 SAMSHER ALAM, SON OF HASSIM KHAN RESIDENT OF VILLAGE- BUDHWALIA, P.S.-NAUTAN, DISTRICT-WEST CHAMPARAN……PETITIONER. Versus THE STATE OF BIHAR. ….….OPPOSITE PARTY. For the petitioner : Mr. Ajay Kumar Singh, Adv. For the State : Mr. Gauri Shanker Gupta, A.P.P. ----------- 04. 10.05.2011 Rule confined to question of sentence only. Learned A.P.P. waives notice on behalf of the State. With the consent of the parties the present revision application is being disposed of at this stage itself. Petitioner is aggrieved by judgment and order dated 22.08.2008 passed in App. No. 8 of 1992 whereby the learned appellate court on reappraisal of the evidence concurred with the findings of guilt recorded by learned trial court in T.R. No. 65 of 1992. Petitioner was found guilty of possessing live cartridges. Six witnesses were examined on behalf of the prosecution to prove the prosecution case. The seizure witnesses have been declared hostile but in their respective examinations-in-chief they have admitted therein signatures/L.T.Is. on the seizure list (Exhibit-4). On a consideration of the matter, learned trial court found him guilty under Section 25 (1-b)a of the Arms Act and sentenced to under go R.I. for 01 years. Aggrieved thereof appeal was preferred which was dismissed by the judgment dated 22.08.2008. On going through the judgment, this Court is of 2 the view that findings of guilt recorded by courts below cannot be interfered with. Learned counsel for the petitioner submits that petitioner has been found guilty for the first time as is apparent from trial court judgment. At the time of recording conviction, he was assessed 22 years of age. Appeal of the petitioner remained pending for 15 years. It is thus submitted that the petitioner deserves lesser quantum of sentence as provided under 25 (1-B)a of the Act. Having regard to the aforesaid facts and circumstances, this Court while upholding the judgment and order of conviction passed by learned trial court and duly affirmed by the lower appellate court reduces the sentence awarded thereunder to R.I. for 09 months. Other part(s)/condition(s) of sentence, if any, shall remain intact. With this modification in sentence only, the application is dismissed. Devendra/ ( K.K. Mandal, J.)