Mohammed Osman v. State of Andhra Pradesh, (SC) BS192100
SUPREME COURT OF INDIA

Before:-K.T. Thomas and R.P. Sethi, JJ.

Criminal Appeal Nos. 952-954 of 2000. D/d. 7.11.2000.

Mohammed Osman & Ors. - Appellants

Versus

State of Andhra Pradesh - Respondent

Prevention of Damage to Public Property Act, 1984, Section 3 read with Indian Penal Code, 1860 Section 149

ORDER

Leave granted.

The mischief committed even as per the allegations made against the appellants relates only to causing damage to one electric bulb, some window glasses and one mirror. In view of this light subject matter we do not think that appellants need have been sentenced to imprisonment for one year for the offence under Section 3 of the Prevention of Damage to the Public Property Act, 1984 read with Section 149 of the Indian Penal Code. Even the punishment imposed under Section 148 of the Indian Penal Code need not have been stretched to such an extent. We, therefore, reduce the sentence to the period of imprisonment already undergone by the appellants. In other words, they shall be released from jail forthwith unless they are required in any other case. We make it clear that if they have not paid the fine amount they should undergo the period of imprisonment fixed in default of payment of such fine.

These appeals are disposed of accordingly.

Appeals disposed of.