NAFE SINGH Vs. STATE DELHI ADMN

JUDGEMENT

(1.) By this appeal the appellant challenges the legality of judgment passed on 24th January, 1984, whereby he was convicted under section 307, Indian Penal Code, by Mr. SM. Aggarwal, Additional Sessions Judge. He also seeks setting aside of the order of sentence passed on the same date whereby the appellant was sentenced to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 2000/- for the said offence, in default of payment of which he was directed to undergo further rigorous imprisonment for two years.

(2.) To appreciate the contention of Mrs. Ahlawat amicus curiae it is necessary to notice a few facts. The victim in the present case is a widow aged about 35 years. Her name is Khazani. She along with her six children was living at Bahadurgarh after the death of her husband. To make her livelihood she used to sell Lassi (Butter-milk). It is the prosecution case that she used to go to village Ghewra to collect Lassi from there and reach Minto Bridge Railway Station by about 8 am. to be able to sell Lassi at Connaught Place. On 14th May, 1983, at about 6.30 am. at Ghewra Railway Station the appellant, Nafe Singh, who knew her from before threw sulphuric acid on her. His motive, it seems, was to disfigure her completely. The case is that she had refused to live with him as his mistress. The prosecution case in detail has been noticed by the learned trial Court. In my view, no useful purpose will be served by noticing those details all over again. However, few facts may be repeated.

(3.) Nafe Singh, the appellant here, at the relevant time had with him aluminium tumbler and a bottle of acid. In her testimony Khazani stated that he poured acid from the bottle in the aluminium tumbler and threw it on her face. On that while screaming she ran towards the railway track but the appellant again threw acid on her back and buttocks as a result of which she fell unconscious. After about a week on search of the house of the appellant aluminium tumbler and empty bottle, belonging to the appellant, containing acid and his burnt clothes were recovered from his house on 21st May, 1983. When apprehended on that very day the accused was found to have some acid burns also on his body.