Vs. State of Uttarakhand  INSC 402 (6 May 2010)
SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTIN CRIMINAL APPEAL
NO(s).1022 OF 2010 [Arising out of SLP(Crl.)No.5432 of 2009] HARI RAM
Appellant(s) VERSUS STATE OF UTTARAKHAND Respondent(s) O R D E R Leave granted.
appeal is directed against the judgment and order dated 27th April, 2009,
passed by the Uttarakhand High Court in Crl.Appeal No.376 of 2004, dismissing
the same and confirming the judgment and order dated 15th December, 2004,
passed by the learned Sessions Judge, Dehradun, in Sessions Trial No.106 of
2001, convicting the appellant under Section 324 IPC and sentencing him to two
year's rigorous imprisonment and fine of Rs.5000/-, and in default of payment
of fine, to undergo further six months' rigorous imprisonment.
heard learned counsel for the respective parties and having considered the
facts involved, what emerges is that an incident had taken place on 31st
December, 2000, at about 9.30 p.m. at Hotel Connaught Castle involving PW15,
Manoj Chhabra, who was being chased by a mob. At the request of Manoj Chhabra's
wife, the appellant, along with some other employees of the Hotel, brought
Manoj Chhabra into the Hotel, but the incident continued and in order to
prevent the mob from attacking Manoj Chhabra, the appellant is said to have
fired from his gun. The appellant incidentally was a Gun-man of the
Sub-Divisional Magistrate, Chakrata, Mussoorie.
regard to the nature of the incident and the circumstances in which the firing
took place, we are of the view that the quantum of sentence, as imposed on the
appellant may be reduced, while maintaining the order of conviction.
Accordingly, we allow the appeal in part and while maintaining the conviction
of the appellant under Section 324 IPC, we reduce the sentence from two years
to one year's rigorous imprisonment.
6. As far
as the fine is concerned, we do not see any reason to interfere with the same.
appeal is allowed to the aforesaid extent.
..................J. (ALTAMAS KABIR)
..................J. (T.S. THAKUR)
..................J. (C.K. PRASAD)
May 06, 2010.