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IN THE 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.
2. This 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.
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3. Having 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.
4. Having 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.
5. 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.
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6. As far as the fine is concerned, we do not see any
reason to interfere with the same.
7. The appeal is allowed to the aforesaid extent.
………………J.
(ALTAMAS KABIR)
………………J.
(T.S. THAKUR)
………………J.
(C.K. PRASAD)
NEW DELHI,
May 06, 2010.