IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.682 of 2011 Rupesh Kumar @ Bittu, S/o Ramadhar Kunwar R/o Kaithama P.S. Begusarai Mufassil, Begusarai ….Petitioner Versus The State Of Bihar …Opposite party ----------- 03. 28.06.2011 On hearing the parties, this Court is satisfied that the matter requires consideration only on the question of sentence. Hence RULE. Learned APP waives service of notice on behalf of the State. Heard. With the consent of the parties, this application is finally disposed of at this stage. In a search/raid conducted on 04.11.2009, the petitioner was found possessing one country made loaded pistol and four live cartridges. Accordingly, he was charge-sheeted and put on trial for offence punishable under section 25(I-B)a and 26 of the Arms Act, vide T.R.No.671/11. Five prosecution witnesses were produced on behalf of prosecution to prove the charge(s), besides exhibiting hosts of documents and materials exhibits. On a consideration of the matter, learned trial court by judgment and order dated 31.03.2011, held him guilty under the aforesaid charges and sentenced him to undergo R.I. for two and a half years with fine having default clause under each count. Aggrieved by aforesaid judgment and order of conviction, petitioner preferred appeal being Cr. Appeal No. 37/11. On a re- 2 appraisal of the evidence on record, learned appellate court concurred with the findings of guilt recorded by learned trial court. Accordingly, the appeal was dismissed by judgment dated 18.05.2011. Learned counsel for the petitioner made diverse submissions to convince this Court that for the charge(s) proved at the trial, petitioner deserves a lessor quantum of sentence. It is submitted that petitioner was young when the occurrence is said to have been committed. At least for close to one and half years, he had to undergo the ordeal/rigours of trial. Referring to the trial court judgment, it is contended that petitioner is the sole bread earner of his family and that there is no past conviction found and recorded against him. It is next submitted that he has already remained in custody for about 20 months by now. Learned APP, on the other, submitted that in view of concurrent findings of guilt recorded by two courts below, this Court may not be justified in interfering with the findings of guilt. Having considered the submissions advanced on behalf of the parties and on going through materials on records, this Court is satisfied that, in the facts and circumstances of the case, a lessor quantum of sentence would subserve the ends of justice. Accordingly, while upholding his conviction under sections 25(1-B)a and 26 of the Arms Act, the sentence awarded thereunder is/are reduced to R.I. for two years under each head/count. Other part(s)/condition(s) of the sentence awarded 3 by learned trial court and duly affirmed by appellate court shall remain intact. With this modification in sentence only, the application is dismissed. hr ( Kishore K. Mandal )