- (1.) THIS government appeal has been preferred by the State of Bihar (Now Jharkhand) against the order and judgment dated 31.3.1997 passed in G.R. Case No. 1754 of 1993, T.R. No. 114 of 1997, Mango P.0S. Case No. 242 of 1993 by Shri G.K. Dubey, Judicial Magistrate, 1st Class, Jamshedpur, District Singhbhum.
(2.) ADMITTED facts on record are that the respondent Jahagir Khan was found and held guilty by the learned trial court under sections 25(1/B)/A and 26(1) of the Arms Act for possession of a bullet without having any authority to possess the same. The learned trial court however sentenced him to serve S.I. for one month on each count separately, which was directed to be adjusted against the period he has already remained in custody. This appeal has been preferred on the grounds that the learned trial court has committed a mistake of law by imposing the sentence of S.I. for 1 month and that period was directed to be set off. The learned counsel for the State stressed before me that the minimum prescribed sentence of 1 year and 6 months have been ignored by the trial court which cannot be sustained.
(3.) THE learned counsel for the respondent Jahagir Khan submitted that the trial court has considered the circumstances in which the respondent was sentenced to serve S.I. for 1 month on each count. According to the learned counsel the trial court is empowered to consider reducing the sentences in befitting cases like present in the facts and circumstances discussed in the impugned judgment.;