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  

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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.

             ...................J.                                 (ALTAMAS KABIR)   

            ...................J.                         (MARKANDEY KATJU)           

New Delhi, November 28, 2008.