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Supreme Court of India

POORAN SINGH RAWAT vs STATE OF UTTARKHAND on 28 November, 2008

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Crl.A. No.-001896-001896 - 2008Official PDFAdvocates DEBASIS MISRA | JATINDER KUMAR BHATIA
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 1896 OF 2008
[Arising out of SLP(Crl.)No.6268 of 2008]
POORAN SINGH RAWAT ... Appellant(s)
Versus
STATE OF UTTARKHAND ... Respondent(s)
O R D E R

Leave granted.

The appellant was convicted under Section 333 of the Indian Penal Code,

which carries a maximum sentence of 10 years rigorous imprisonment and fine or

both. However, the appellant was sentenced to three years' rigorous imprisonment

in the facts and circumstances of the case. The incident appears to have occurred

over the drawing of water from the public canal, which was under the supervision of

the victim. In the process, the victim suffered injuries, which included fracture to his

tibia.

The incident is one of 1989. Apart from the above, the circumstances in

which the punishment was awarded does not, in our view, warrant such a severe

punishment, as has

been awarded.

Accordingly, we reduce the sentence to a period of one year giving credit

for the period which has already been undergone by him in the meantime.

The appeal is allowed to the aforesaid extent.

New Delhi, November 28, 2008.