IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.689 of 2008 BENGALI PASWAN & ANR Versus STATE OF BIHAR ----------- 3. 22.7.2008. This Cr. Revision has been preferred against the order and judgment dated 20.6.2008 passed in Cr. Appeal No. 28 of 2008/04 of 2008 by Additional Sessions Judge, FT.C. IIIrd, Aurangabad thereby the judgement dated 12.3.2008 passed by Judicial Magistrate, Ist Class, Aurangabad in G. R. Case No. 2213 of 2006, Trial No. 2179 of 2008 has been confirmed with modification in the sentence. It appears that the four persons including these petitioners faced trial before the Lower Court and the lower Court after trial convicted all the accused persons including these petitioners under Section 25(1-B)(a) and 26 of the Arms Act and sentenced them to undergo R.I. for two years under Section 25(1- B)(a) with a fine of Rs.5000/- and in default to undergo further S.I. of one month and R.I. for three years under Section 26 of the Arms Act with a fine of Rs.5000/- and in default to undergo further S.I. of one month. Both the sentences have been directed to run concurrently. These petitioners preferred appeal before the Court of Sessions Judge against the judgment and conviction of the learned judicial magistrate. Ultimately, the appeal was heard by additional Sessions Judge -Cum- F.T.C. III, Aurangabad who confirmed the conviction of both the appellants with modification in sentence. They have been sentenced to undergo R.I. for a period of 2 years for - 2 - both the offences with a fine of Rs.2000/- each and in default to pay the fine they have been directed to undergo S.I. for one month. Heard learned counsel for the petitioners. The argument is confined only to the point of sentence. Leaned counsel for the petitioners has not challenged the order of conviction passed against the petitioners. It is submitted that the petitioners have already remained in jail custody for 20 months. They have only been found with one firearm without any cartridge. It is further submitted that there is no previous conviction against these petitioners. Considered the submission of learned counsel for the petitioners and perused both the judgments passed by lower Courts. Having regard to the nature of the offence and facts and circumstances of the case, I am of the view that the period already undergone by the petitioners in jail custody is sufficient to meet the ends of justice. Accordingly, this appeal is allowed in part. The sentence awarded to the petitioners is hereby modified to that extent with a fine of Rs.1000/-(one thousand) each and in default to pay the fine they are directed to further undergo S.I. for one month. kanchan (Ghanshyam Prasad, J.)