RADHESHYAM SHRIPRASAD GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.248 of 1999 has been filed by the original accused through jail authorities being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 5-1-1999 delivered by the learned Addl. Sessions Judge, Court No.16, Ahmedabad City, in Sessions Case No.4 of 1998 whereby the accused has been convicted to suffer imprisonment for life and to pay fine of Rs.1000/- in default, to undergo RI for one month for the offence under Sec.302 of IPC and also to suffer RI for 7 years and to pay fine of Rs.500/- in default, to undergo RI for fifteen days for the offence under Sec.307 of IPC while Criminal Appeal No.393 of 1999 has been preferred by the State for enhancement of sentence awarded to the original accused.

(2.) In this case, of the six family members, three persons namely, father, mother and minor daughter Chandni aged about one and half years succumbed to the injuries while three minor children namely, Hitesh, Pankaj and Janki sustained grievous injuries rendering the surviving children to suffer a lot. Children, who survived by the grace of God being very minor and finding no shelter after having lost their parents, are staying in an orphanage.

(3.) The case of the prosecution in short is that a complaint was filed by the complainant Sumandevi, wife of Ganeshprasad Shriprasad, while she was admitted in the Civil Hospital on 3-9-1997 inter alia alleging that on 3-9-1997 at about 3.30 to 4.00 a.m., she, her husband Ganeshprasad Shriprasad, daughters Chandni and Janki and sons Pankaj and Nilesh were sleeping in their house situated at Rabari Colony, Odhav, Ahmedabad, when some one had poured acid on all of them as a result of that, all the members of the family received serious injuries and were taken to the Civil Hospital where they were admitted.