DINESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 11th October 2001 passed by the learned Additional Sessions Judge, New Delhi in Sessions Case No.245/1996 arising out of FIR No.718/1995 registered at Police Station ("PS") convicting the Appellant for the offence under Sections 302/324 of the Indian Penal Code ("IPC"). The appeal is also directed against the order on sentence dated 15th October 2001 whereby the Appellant was sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- and in default of payment of fine to suffer simple imprisonment ("SI") for three years for the offence under Section 302 IPC and to 1 year rigorous imprisonment and fine of Rs. 500/- and in default of payment of fine to undergo SI for one month for the offence under Section 324 IPC. The sentences were directed to run concurrently.

(2.) The charge against the Appellant is that in the intervening night of 19th/20th October 1995 at 3:30 a.m. at House no.150, Gali No.1, Block-B, Sangam Vihar, New Delhi, he intentionally threw acid upon Yashin (the deceased) with an intention to cause his death as a result of which he expired in the hospital on the same day, thereby committing the offence of murder punishable under Section 302 IPC. The second charge was that he voluntarily caused simple hurt to Ikrar (PW-3) by throwing acid on his body thereby committing offence punishable under Section 324 IPC.

(3.) The criminal justice process was triggered with DD No. 33 A recorded at PS Ambedkar Nagar by Constable Sunil Kumar (PW-6) deputed as Duty Constable at Safdarjung Hospital that in the early hours of 20th October 1995, the deceased had been brought there in an injured condition and had expired. On receipt of the above DD, SI Surender Singh (PW-14) proceeded to the spot accompanied by Head Constable ("HC") Balraj Singh (PW-7). Constable Raj Pal (PW-2) also accompanied them.