SUDERSHAN KUMAR Vs. STATE

JUDGEMENT

(1.) This is an appeal by Sudershan Kumar alias Darshan, aged 25, who has been convicted by learned Additional Sessions Judge, Delhi, under Section 302, Indian Penal Code, f causing the death of Maya Devi by pouring acid on her and has been sentenced to undergo imprisonment for life. The accused has also been convicted under Section 324, Indian Penal Code, for causing injuries to Public Witness Raj Kumari and the infant son of Maya Devi by throwing acid on them, and has been sentenced to undergo rigorous imprisonment for a period of two years. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case is that Maya Devi, who was aged about 19 at the time of the present occurrence, was the daughter of Raj Kumari (Public Witness 1) who was aged about 45 years. Both the mother and daughter had taken to the profession of dancing and singing, and used to live in an apartment on G. B. Road, Delhi. The accused used to visit Maya Devi and had illicit connections with her. The accused wanted Maya Devi to marry him but she declined to do so as the accused was already married to another woman. On account of the above refusal of Maya Devi, the accused used to quarrel with her. A few days before the present occurrence, the accused took Maya Devi along with him. She stayed with him for about 10 or 12 days and thereafter was brought back by the accused to her mother's apartment. The accused on that occasion again asked Maya Devi to marry him but she refused to do so. The accused then threatened Maya Devi that if she did not want to marry him she should either leave Delhi or he would kill her in such a manner that she would have a lingering death.

(3.) On August 14, 1967 at about 6 a. m., it is stated, Maya Devi was lying on a cot along with her son, aged about one month. Raj Kumari was at that time lying on another cot in the room. Babu alias Amar Deep, an employee of Raj Kumari, was sitting in a room near the staircase. Raj Kumari's maternal uncle, Kishori Lal, her cousin. Rattan and Ashok, and her mother, Radha (also known as Tara or Ilaichi) were in the verandah. The accused then came there holding jug P. 1 and bottle P. 2 The accused gave Re 1.00 to Babu for bringing tea whereupon Babu left. The accused then poured acid out of the jug on Maya Devi, her son and Raj Kumari. He also remarked that they would be disfigured. Raj Kumari and Maya Devi felt burning sensation and they all started crying. The accused then threw the jug on the cot and placed the bottle on the ground and ran away. Kishori Lal, who saw the incident, as well as Radha then came inside the room and took Maya Devi, her mother and son towards the City Clinic. While going down they met Babu and told him about the occurrence. Raj Kumari, Maya Devi and her son alongwith others arrived at the City Clinic, Asaf Ali Road, New Delhi, a private hospital, at about 6 -30 a. m. They were examined by Dr. V. K. Jain. The doctor found that there were a few streaks and patches of acid burns on the person of Raj Kumari on the right arm and forearm. He dressed the burns and discharged her with the direction to attend for dressing as an outdoor patient. Acid burns were also found by the doctor on the scalp of the infant child of Maya Devi. Maya Devi had extensive injuries on her person. She was given Morphia and her burns were dressed, and intravenus drip was started. Maya Devi remained in the City Clinic up to August 21, 1967, on which day she was transferred to Safdarjang Hospital.