IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.1242 of 2010 1. SHEKHAR KUMAR SINGH 2. PINKU KUMAR SINGH …PETITIONERS Versus STATE OF BIHAR …OPPOSITE PARTY For the petitioners :Mr.Ravindra Nath Dubey & :Mr.Sanjeet Kumar Tiwari For the State : Mr. Jharkhandi Upadhyay,APP ----------- 04. 26.10.2010 Heard. Rule confined to the question of sentence only. Learned APP waives service of notice on behalf of the State. With the consent of the parties, this application is now being disposed of. Petitioners are aggrieved by judgment and order dated 29.06.2010, passed by learned 2nd Addl. Sessions Judge, Purnea in Cr. Appeal No.103/2008, whereby the appeal preferred by the petitioners against the judgment and order of conviction dated 20.11.2008, passed by learned SDJM, Purnea in G.R. Case No.2192/2000/Trial No.1047/2008 has been affirmed and the appeal has been dismissed. Learned trial court found the petitioners guilty under sections 25(1- B)A/35 and 26(1)/35 of the Arms Act and has sentenced them to undergo S.I. for one and a half years under each count and also imposed fine having default clause. At the trial, seven witnesses were examined to prove the charge(s). On a consideration of materials on record, it was found that they were guilty of the aforesaid offences. There is concurrent finding by both the courts below that 2 circumstances appearing from records clearly proved that petitioners were having full knowledge about the pistol and cartridges being carried by co-accused, Diwakar Sah. It appears from materials on record that occurrence had taken place on 23.10.2000. Petitioners were made to fight the criminal litigation for over eight years. Trial court ultimately found them guilty by judgment and order dated 20.11.2008. Fighting litigation for such a long time is a shade of punishment which needs to be kept in focus while awarding appropriate sentences for the proven charge(s). It further appears from trial court judgment that they were not previously held guilty for any criminal charge. Trial court assed their ages as 30 and 26 years at the time of conviction. They were thus fairly young persons when initial conviction was recorded. Having regard to the aforesaid circumstances emanating from records, this Court is satisfied that a lessor quantum of punishment, in the facts and circumstances of the case, shall subserve the cause of justice. Accordingly, while upholding the judgment and order under revision, the sentence awarded under sections 25(1- B)A/35 as also 26(1)/35 of the Arms Act are reduced to S.I. for one year. Other part(s)/condition(s) of the sentence(s) shall remain untouched/unaltered. With this modification in sentence, the application is dismissed. hr ( Kishore K. Mandal )