RAMESH Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal impugning a judgment dated 15.12.2015 passed by ASJ, FTC, Shahdara, Karkardooma Courts, whereby the appellant was convicted for the offence under Section 326A of the Indian Penal Code, 1860 (IPC) for throwing acid and causing burn injuries to two persons. The appellant also impugns the order on sentence dated 16.12.2015, whereby the appellant was sentenced to ten years of rigorous imprisonment and was imposed a fine of Rs. 35,000/-. In default of payment of fine, he was sentenced to undergo rigorous imprisonment for a further period of six months.

(2.) The appellant contends that the Trial Court failed to appreciate that there are contradictions in the testimonies of PW2 and PW4, which raise doubts as to the case put forward by the prosecution and the benefit of doubt ought to have been given to the appellant.

(3.) The case of the prosecution is that on 09.04.2015, at about 09:12 PM, information was received at PS Nand Nagari, vide DD No. 84B that tejab (acid) was thrown on a person at E-2, Block, H No. 31 Nand Nagri, near Bharat Ghar. DD no. 84B was assigned to ASI Fateh Singh, who came at the spot with Ct Amit. On reaching the spot, they came to know that the injured Ravi Shankar and Mool Chand were taken to GTB Hospital in the PCR van. After deputing Ct Amit at the spot, ASI Fateh Singh went to GTB Hospital where he collected the MLCs of Mool Chand and Ravi Shankar. The statements of Mool Chand and Ravi Shankar were recorded.