RAMU THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been preferred against the judgment dated 16.12.2006 passed by Sri D.K. Pandey, Additional District and Sessions Judge- Cum-Fast Track Count No. Ill, Sitamarhi in Criminal Appeal no. 50/06 thereby and thereunder he has confirmed the judgment and order with modification in sentence dated 19.6.2006 passed by Sri Upendra Kumar, Judicial Magistrate, 1st Class, Sitamarhi in G.R. Case No. 2097/05, Trial No. 1616/06.

(2.) It appears that the learned Magistrate convicted the petitioner under Section 25(1-B) of Arms Act and sentenced him to undergo rigorous imprisonment for three years and pay a fine of Rs. 5000/- and in default of payment of fine he was directed to undergo imprisonment for six months more. The petitioner was also convicted under Sec. 26(1) of Arms Act and sentenced to undergo rigorous imprisonment for one year and a fine of Rs. 500 and in default of payment he was directed to undergo imprisonment for six months more. Both sentences were directed to run concurrently.

(3.) The petitioner preferred appeal against the above judgment of conviction and sentence and the appeal in question was ultimately heard by Additional District and Sessions Judge, Fast Track Court No. 3, Sitamrhi. The Additional Sessions Judge while passing the impugned judgment confirmed the conviction with modification in sentence. The sentence has been modified to Rigorous imprisonment for two years under Sec. 25(1-B)A of Arms Act along with fine of Rs. 5,000/-. However, no modification has been made in the sentence awarded under Sec. 26(1) of Arms ct.