JUDGMENT :

Heard Mr. Shekhar Prasad Sinha, the learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Rajneesh Vardhan, the learned A.P.P. appearing on behalf of the Opposite Party- State.

3. The present criminal revision petition is directed against the Judgment dated 21.01.2003 passed by the court of learned Additional District and Sessions Judge, Fast Track Court No. 5, Dhanbad in Criminal Appeal No. 125 of 2001 whereby and whereunder the Judgment of conviction and the order of sentence dated 25.09.2001 passed against the petitioner by the learned Judicial Magistrate, Railway, Dhanbad in R.P. Case No. 138 of 1995 / T.R. No. 1181 of 2001 has been confirmed and the sentence has been modified and reduced from Rigorous Imprisonment of two years to Rigorous Imprisonment of one year.

4. The learned trial court had convicted the petitioner under Section 3(a) of the R.P. (U.P.) Act and had sentenced him to undergo Rigorous Imprisonment for two years.

Arguments on behalf of the petitioner

5. In course of arguments, the learned counsel appearing for the petitioner confined his arguments on the point of sentence of the petitioner.

6. Learned counsel for the petitioner submitted that