IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.952 of 2010 Raj Kumar Gupta s/o late Asharfi gupta r/o Mohalla chitkohra, p.s. gardanibagh, dist.Patna. ---Petitioner Versus The State of Bihar ---Opp.Party ----------- 03 30.07.2010 Heard both sides. 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 herein has been tried and convicted by learned Judicial Magistrate 1st Class, Katihar in TR. No. 2233 of 2009 under Section 47A of the Excise Act and Section 420 of the Indian Penal Code and sentenced to undergo R.I. for three months besides fine and R.I. for 02 years with fine having default clause(s) respectively. It is to be recorded here that petitioner along with 02 others were tried and sentenced for diverse periods. Aggrieved by the aforesaid judgment and order of conviction petitioner herein filed Criminal Appeal no. 54 of 2009, and two other co-convicts similarly preferred Criminal appeal no.49 of 2009, which were considered and dismissed by judgment and order dated 01.04.2010. Learned counsel for the petitioner submits that the petitioner has suffered enormously in fighting the present litigation. The trial consumed more than four years. For all these 2 years petitioner had to undergo excruciating circumstances in fighting the criminal litigation which definitely tells upon the mental and economical condition of the litigant. It is further highlighted that other co-convicts of this case, namely, Baleshawar Rai and Pintu Kumar Yadav moved this Court in Cr. Rev. no. 696 of 2010, which was allowed on the point of sentence. It is next contended that learned trial Court has found and recorded that petitioner was not earlier held guilty and convicted for any offence(s). On these submissions it is contended that the petitioner deserves to be considered for a lesser punishment. Learned A.P.P. appearing on behalf of the State, on the other hand, supported the impugned judgments and submits that there is/are concurrent findings of fact regarding the guilt of the petitioner which have not been shown to be patently illegal and as such this Court may not interfere with the findings of guilt. Having considered the submissions advanced on behalf of the parties and after perusal of the records, this Court is satisfied that a lesser punishment/sentence shall sub serve the cause of justice. Accordingly the sentence of R. I. for 02 years awarded under Section 420 of the Penal Code is reduced to R.I. for 01 years. Other part(s)/ condition(s) of sentence(s) shall remain intact. With this modification in sentence(s) only, the application is dismissed. Sym ( Kishore K. Mandal, J.)