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.