IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1269 of 2008 MOHAMAD ALI @ MASTER Versus STATE OF BIHAR ----------- 2. 12.11.2008. This revision has been preferred against the order and judgment dated 30.8.2008 passed by Additional Sessions Judge, Kishanganj in Cr. Appeal No.13/88 of 2007 thereby the judgment of conviction and sentence passed against this petitioner by Sri Umesh Kumar, Judicial Magistrate, Kishanganj in Trial No.1618 of 2007 dated 11.7.2007 has been affirmed. The learned Magistrate vide judgment dated 11.7.2007 has convicted this petitioner along with other accused persons under section 25 (1-B)a of Arms Act and sentenced them to undergo imprisonment for three years with a fine of Rs.5,000/-. In default to further undergo S.I. for one year. Heard the learned counsel for the petitioner. The learned counsel for the petitioner presses this criminal revision only on the point of sentence. It is submitted by the learned counsel for the petitioner that no arm was recovered from conscious possession of this petitioner. He has been falsely implicated in this case merely on the basis of confessional statement made while he was in jail custody. It is further submitted that the petitioner has remained in jail custody for more than two years and he has sufficiently been punished. Other accused persons, who were convicted by the learned Magistrate, have already been acquitted by the same judgment of the appellate court. - 2 - N.H./ Considered the submission of the learned counsel for the petitioner. Perused the judgment of both the courts. It appears that no fire arm was recovered from conscious possession of this petitioner. Five persons were put on trial before the learned Magistrate out of whom all were convicted by the learned Magistrate. However, in appeal, the learned Additional Sessions Judge affirmed the conviction and sentence against this petitioner whereas other accused persons have been acquitted. This petitioner has already remained in jail custody for more than two years. Having regard to the facts and circumstances, while affirming the judgment of conviction passed by the learned Magistrate under section 25 (1-B)a of the Arms Act, the sentence passed against him is hereby modified to the extent of the period already undergone by the petitioner. Accordingly, this application is dismissed with the above modification in the quantum of sentence. The petitioner is directed to be released at once if not wanted in any other case. Let this order be communicated to the court below through fax on cost being deposited by the petitioner. ( Ghanshyam Prasad )