DHANYA SOMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the cases have arisen from the judgment of conviction and order of sentence passed by the Additional Sessions Judge, Durg in Sessions Trial No.35 of 2004 dated 03.01.2006, whereby the appellant was convicted under Section 307 read with 120-B of Indian Panel Code and sentenced to undergo RI for 10 years along with fine of Rs.25,000/- with default stipulation. By appeal this judgment of conviction and sentence is assailed by the appellant, whereas revision has been brought with prayer to enhance the punishment of respondents No.2, 3 and 4 to life imprisonment along with fine of Rs.10,000/-.

(2.) The case of the prosecution in brief is that appellant Dhanya Soman and applicant Rajeev Kumar Singh (PW/39) both had a love affair since they were studying in school. Applicant Rajeev Singh left school and went to Hyderabad for further studies for 3 years. Later on applicant Rajeev Singh came back and took admission in the same college, where Appellant Dhanya Soman was undergoing her studies. Applicant Rajeev Singh wanted to renew his relationship with appellant, but the appellant avoided him saying that she is in love with Rajendra Sahu (co-accused). Applicant met with an accident and was admitted in hospital for treatment, where he received threatening phone calls. The applicant met with appellant - Dhanya Soman on 04-11-2003 in her hostel, where she was living to complain and allege that the threatening phone calls were made at her instance. Appellant gave the phone number of her Hostel to the applicant in the same meeting and asked him to call her after sometime. Applicant left with his friend Sumit Choudhary (PW/31) on a Scooty and he made a call from one S.T.D. booth in Sector-10, Bhilai. Appellant asked him about the place, from where he was calling. Applicant and his friend departed from there and arrived near Janjgiri turn of G.E. Road, Bhilai, when two boys came on motorcycle and after overtaking them, they threw the acid on applicant, on which he got injured and fell down on the spot and the person throwing acid fled from the spot. One Pradeep Sanyal (PW/7) gave information to the police, on which F.I.R. Ex.P/15 was recorded.

(3.) Injured applicant and his friend Sumit Choudhary (PW/31) were admitted in Sector-9 Hospital, Bhilai. Dr. Avinash Ashthana (PW/9) examined applicant Rajeev Singh and found burn injuries on his face, head, neck, chest, back, both hands, eyes and left leg. He reported the injuries to be of grievous in nature. Applicant was admitted vide Ex.P/16 and report Ex.P/17 about the injuries was submitted. Dr. M. Saraswati (PW/15) examined Sumit Choudhary (PW/31) and found him a victim of acid attack having burn injuries on his face, neck, back, leg, upper part of both hands about 32-35%, superficial to deep corrosive burn. His left eye was closed, right eye was normal, he was admitted vide Ex.P/2 and report on injuries was given vide Ex.P/21. Dr. Uday Kumar (PW/16) has further treated the injured applicant Rajeev Kumar Singh (PW/39) and Sumit Choudhary (PW/31). Dr. Suryaprakash Saxena (PW/17), Dr. Mamta Sikoriya (PW/34), Dr. Neeta Sharma (PW/35), Dr. A.V. Deshpandey (PW/46) treated and reported on the injuries of applicant Rajeev Kumar Singh (PW/39) and Sumit Choudhary (PW/31). Left eye of applicant Rajeev Singh had to be removed surgically because of injury and infection.