1 2025:CGHC:24717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 316 of 2024 Devi Prasad Karsh S/o Hem Prasad Karsh, Aged About 24 Years R/o Village-Choriya, School Chauk, Police Station-Saragaon, Civil And Revenue District- Janjgir-Champa (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The District Magistrate Janjgir, Civil And Revenue District Janjgir-Champa (C.G.) ... Respondent(s) For Applicant(s) : Mr. Vishvanath Shriwas, Advocate For Respondent(s) : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 16.06.2025 1. The applicant has filed this criminal revision against the judgment and order dated 07.03.2024 passed by the learned Session Judge, Janjgir, Dist.- Janjgir-Champa (C.G.) in Criminal Appeal No. 12/2024 wherein, it has been modified the judgment dated 19.01.2024 passed by the learned Chief Judicial Magistrate, Janjgir, Dist.- Janjgir-Champa (C.G.) in Criminal Case No. 415/2018, whereby the learned Chief Judicial Magistrate convicted the applicant for offence under Section 25(1-b)(b) and Section 27(1) of the Arms Act and sentenced to undergo for offence under KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Section 25(1-b)(b) of the Arms Act, R.I. for 02 years with fine of Rs. 1000/-, in default of payment of fine amount to further undergo S.I. for 15 days and for offence under Section 27(1) of the Arms Act, R.I. for three years with fine amount of Rs. 1000/-, in default of payment of fine amount to further undergo R.I. for 15 days, which was modified by the learned Sessions Court, reducing the period of sentence to R.I. for 02 year to 06 months for offence under Section 25(1-b)(b) of the Arms Act, enhancing the fine amount Rs. 1000/- to Rs. 10,000/- and in default of payment of fine amount to further undergo R.I. for 01 month and discharged from the offence under Section 27(1) of the Arms Act. 2. The case of the prosecution in brief is that on 03/02/2018 A.S.I. G. L. Chandrakar has received as secret information that the applicant Devi Prasad Karsh kept Katta/Sward and threatening the by- passers, upon such basis, he came at village Choriya alongwith staff and seized the said article from the possession of the applicant and thereafter the applicant subsequently brought at Police Station- Saragaon, District-Janjgir-Champa (C.G.), meanwhile lodged report against him for offence under Section 25 of Arms Act 1959 and thereafter the applicant subsequently been arrested by concern prosecution authorities. 3. Thereafter prosecution authorities have conducted inquiry, recorded the statement of prosecution witnesses under section 161 of criminal procedure code, thereafter filed charge sheet under section 25 & 27 of Arms Act 1959 before the learned trial Court. Thereafter, the learned trial Court has framed charges under Section 25 (1-b) 3 (b) & 27 (1) of Arms Act 1959, thereafter examined the prosecution witnesses. 4. After appreciating the evidence and material available on record, the trial Court convicted the applicant/accused for offence under Section 25(1-b)(b) and Section 27(1) of the Arms Act and sentenced him to undergo for offence under Section 25(1-b)(b) of the Arms Act, R.I. for 02 years with fine of Rs. 1000/-, in default of payment of fine amount to further undergo S.I. for 15 days and for offence under Section 27(1) of the Arms Act, R.I. for three years with fine amount of Rs. 1000/-, in default of payment of fine amount to further undergo R.I. for 15 days, which was modified by the learned Sessions Court, reducing the period of sentence to R.I. for 02 years to 06 months for offence under Section 25(1-b)(b) of the Arms Act, enhancing the fine amount Rs. 1000/- to Rs. 10,000/- and in default of payment of fine amount to further undergo R.I. for 01 month and thereafter, discharged from the offence under Section 27(1) of the Arms Act. Hence, this revision petition. 5. Learned counsel for the applicant submits that the impugned judgment is contrary to law, facts and circumstances of the case, therefore liable to be set-aside. He further submits that applicant has already undergone a jail sentence of about three months and 11 days of jail sentence and paid the fine amount of Rs. 2000/- out of Rs. 10,000/- as imposed by the trial Court and enhanced by the appellate Court and suffered the agony of criminal trial for so many years, that meets the ends of justice. Hence, he prays to allow this 4 appeal and acquit the appellant for the charges levelled against him. 6. Per contra, learned Panel Lawer, appearing for the respondent/ State, would strongly support the impugned judgment and submit that there is no need to interfere with the sentence. 7. I have heard learned counsel for the parties, perused the judgments of the trial Court and records of the trial Court with utmost circumspection. 8. From perusal of the records, it transpires that the learned trial Court after considering the material available on record, convicted the applicant/accused for offence under Section 25(1-b)(b) and Section 27(1) of the Arms Act and sentenced him to undergo for offence under Section 25(1-b)(b) of the Arms Act, R.I. for 02 years with fine of Rs. 1000/-, in default of payment of fine amount to further undergo S.I. for 15 days and for offence under Section 27(1) of the Arms Act, R.I. for three years with fine amount of Rs. 1000/-, in default of payment of fine amount to further undergo R.I. for 15 days, which was modified by the learned Sessions Court, reducing the period of sentence to R.I. for 02 years to 06 months for offence under Section 25(1-b)(b) of the Arms Act, enhancing the fine amount Rs. 1000/- to Rs. 10,000/-, in default of payment of fine amount to further undergo R.I. for 01 month and thereafter, discharged from the offence under Section 27(1) of the Arms Act. 9. Now considering the question of sentence, as the applicant had faced the criminal trial since 2018 and thereafter more than 7 years has elapsed, considering the age of the applicant at present and 5 further considering that the applicant has already undergone 03 months and 11 days of jail sentence and deposited the fine amount of Rs. 2000/- out of 10,000/- as imposed by the trial Court as well as enhanced by the appellate Court, there would be no useful purpose to again send the applicant in jail as he has already suffered agony of criminal trial for so many years, that meets the ends of justice. So this Court finds it appropriate to reduce the sentence from R.I. for 06 months for offence under Section 25(1-b)(b) of Arms Act, to the period already undergone by the applicant i.e. 03 months and 11 days of jail sentence, however this Court is directed the applicant to deposit remaining fine amount of Rs. 8000/- as has been awarded by the appellate Court for offence under Section 25(1-b)(b) of Arms Act and the same shall be deposited by the applicant, within a period of two months from today before the trial Court concerned and the same shall be paid to the Government Multi-disabled home, Janjgir-Champa, failing which he shall undergo the sentence as has been ordered by the learned appellate Court. Ordered accordingly. 10. The criminal revision is partly allowed to the extent indicated hereinabove. 11. Let a copy of this order and the original records be transmitted to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Kunal