PRAN NATH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the Judgment dated 3rd February, 2006 and Order on Sentence dated 07th February November 2006, whereby the appellant was convicted under Section 326 of IPC and was sentenced to undergo R.I. for five years. He was further directed to pay Rs.15,000/- as compensation to the injured under Section 357(3) of the Code of Criminal Procedure. The compensation was directed to be recovered as arrears of land revenue under Section 421 of the Code of Criminal Procedure.

(2.) On 17th February, 2004, the injured Rakesh was admitted in Hindu Rao Hospital with burn injuries on his face, hands and thighs. On 19 th February, 2004, his statement was recorded by the Investigating Officer. In his statement to the IO, the complainant/injured Rakesh alleged that the appellant Pran Nath was having animosity with him as some of his customers had started taking milk from him (the complainant). He further stated that on 17 th February, 2004, at about 4.45 am when he was going to his dairy in Shakti Nagar, the appellant, who was carrying a plastic jug with him, came close to him and threw the liquid which he was carrying in the jug, on him. As a result, he sustained burn injuries on his face and other parts of his body. He reached up to his dairy in burnt condition and was taken to Hindu Rao Hospital.

(3.) During trial, the prosecution examined 10 witnesses in support of its case. The complainant came in the witness box as PW-1 and supported the case set up in the FIR. He stated that on 17th February, 2004 at about 4.45 am, he was going to Shakti Nagar on his bicycle. When he reached near Silai Kendra, Kishan Ganj, he noticed the appellant Pran Nath standing near the wall holding a jug in his hand. The appellant came close to him and poured the acid on his face. The acid fell on his entire face, hands and thighs. The complainant however managed to reach his dairy in the same condition and was taken to hospital. PW-8 Dr. Sameek Bhatacharya examined the injured in the hospital vide MLC Ex.PW-8/A and found burn injuries on his person. PW-9 Anurag Saini proved the MLC prepared by Dr. Praveen Gupta.