LAWS(DLH)-1986-10-13

DEVA NAND Vs. STATE

Decided On October 10, 1986
DEVA NAND Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) Shri Deva Nand, appellant before this Court, is not satisfied with the finding of the learned Lower Court by which he was convicted u/s 307 Indian Penal Code . and sentenced to undergo R 1. fora period of 7 years.

(2.) His challenge is that in no way he has been connected with the offence charged However, before adverting to his pleas, it will be relevant to keep in mind the salient features of the prosecution case against the appellant. Smt Prem Lata was married to the present appellant. However, after sometime, their relations became strained, as a result of which she started living with her father in the servant quarters of Kothi no. 5, Mal Road, Timarpur, Delhi, AS per the prosecution allegations, on the intervening night of 26th and 27th of May, 1984, while Prem Lata was asleep, the accused threw on her sulphuric acid, as a result of which she was permanently disfigured and also lost one eye. On the basis of these allegations, a charge under Section 307 I P.C. was framed against the accused, who pleaded innocence and claimed a trial.

(3.) The Lower Court relied upon the evidence of Prem Lata, which found corroboration from the evidence of PW-1. B.L. Gupta, PW-4 Dwarka Prasad and PW-9, Ram Milan, raising an accusing finger on the accused for throwing sulphuric acid and causing the injuries. The learned Lower Court also found corroborition from the recovery of a steel glass from the spot bearing the finger-prints of the accused and the recovery of his pyjama giving positive test for sulphuric acid.