BUDH PAL Vs. STATE

JUDGEMENT

(1.) THE appellant was convicted under sections 326 and 324 IPC. He was sentenced to R.I. for 10 years and to the payment of fine of Rs. 10,000/- under section 326 IPC in default of payment of which he was directed to undergo further R.I. for 3 years. He was again sentenced to R.I. for 3 years under section 324 IPC. Both the sentences were made concurrent.

(2.) THE charge against the appellant is that on 10th June 1984 at about 8.30 p.m. he suddenly appeared in front of the house of Ramesh Kumar brother of the victims with a cup of acid and threw it on Rajbala who was lying on the cot outside the house, with her younger brother Krishan Kumar aged about 5 years. The prosecution case is that the appellant used to tease Rajbala and earlier to the incident had asked Rajbala a number of times to do as he desired. Rajbala at that time had reacted sharply and had threatened to beat the appellant with shoes. As a result of throwing acid by the appellant, Rajbala received burn injuries. Krishan Kumar also received some acid burns. Her aunt Smt. Kanta and Ramesh Kumar first sprinkled water on the injured and then removed them to the hospital. Rajbala was admitted in the hospital and was declared unfit to make any statement. She was found to be conscious but not responding to any oral command.

(3.) BEFORE I make reference to the evidence on which the prosecution case rests, I may point out that the appellant in his statement under section 313 Cr.P.C. has pleaded innocence. According to him he has been made a scapegoat. He has further stated that Rajbala was not enjoying good reputation about her chastity. According to the appellant he had in fact gone to the police station to give information about this incident where he was arrested.