JAGDISH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 16.09.2016, passed by the Special Judge-2, NDPS Act (Central District), Tis Hazari Courts, whereby the appellant was convicted for committing the offences punishable under Sections 326A and 326B of the Indian Penal Code, 1860 (hereinafter "IPC").

(2.) The appellant also seeks to challenge an order on sentence dated 17.09.2016, whereby he was sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs. 10,000 for committing the offence punishable under Section 326A of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month. The appellant was also sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs. 10,000 for committing the offence punishable under Section 326B of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month. Both sentences were directed to run concurrently.

(3.) The case of the prosecution is that on 09.09.2014, at about 06:45 a.m., in front of Street no. 42, Beadon Pura, Karol Bagh, New Delhi, the accused (the appellant herein) threw acid, which he was carrying in a bottle wrapped with newspaper, on his wife (Smt. Bimla). At the material time, she was accompanied by her sister-inlaw (bhabhi), who was carrying her minor son (Sunny) aged about three years, in her arms. The acid also fell on Sunny and he suffered acid burns. Smt. Bimla suffered grievous hurt, while Sunny suffered simple injuries. The offence was committed when the petitioner's wife and her sister-in-law were returning from a public lavatory (sulabh sauchalaya).