GIRISH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned APP for the State.

(2.) The present application has been filed by the petitioners under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 for the following relief: "That present Revision Application is directed against the Order dated 05.07.2018 passed in Criminal Appeal No. 61/2013, passed by the Court of Sri Ram Babu Tripathi, the learned Additional Sessions Judge-II, Gopalganj; whereby and where under the learned court above referred has affirmed the judgment of conviction and sentence dated 13.09.2013, passed by Sri Jitendra Kumar the learned Judicial Magistrate 1st Class Gopalganj; passed in GR No 1774/2003// Tr. No 565/2013 (arising out of Gopalganj Jadopur P.S. Case No. 326/2003) by which the Petitioners above named have been convicted u/s 25 (1-B) (a) and 26 of the Arms Act and was awarded with a Sentence of Rigours imprisonment for 3 years and with a fine of Rs. 3000/- on each of the Petitioners. It has been further ordered that in case of the default of the payment of the fine the corporeal punishment would be enhanced for one month."

(3.) The petitioners were accused in Gopalganj (Jadopur) PS Case No. 326 of 2003 dated 18.11.2003 (GR No. 1774 of 2003) registered under Sections 25(1-B)(a) and 26 of the Arms Act, 1959 and 216 A of the Indian Penal Code.