FURKAN Vs. STATE OF U. P.

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 20.2.2016 passed by the Additional Sessions Judge, Nagina, district-Bijnor in S.T. No. 422 of 2015 (State vs. Furkan Ahmad), arising out of Case Crime no. 356 of 2013, under Sections 326A I.P.C., P.S. Kotwali Dehat, district-Bijnor, convicting and sentencing the appellant under Section 326-A I.P.C. for 10 years rigorous imprisonment with fine of Rs.15,000/- and in case of default of payment of fine, he shall further undergo six months imprisonment.

(2.) The brief facts of this case are that the father of the complainant is a Rickshaw puller in Delhi. On 21.12.2013, the present accused who is the father of the complainant came back to his house at Islampur Bishnoiwala from Delhi and started quarreling with his wife Meena, aged about 50 years and thereafter went out from the house. On 22.12.2013 at about 5:00 O'clock in the morning when mother of the complainant had gone to the toilet to attend the call of nature, father of the complainant, who was already hiding there, poured acid on her mother, as a result of which she sustained serious burn injuries on her head, face and other parts of the body. Upon hearing the hue and cry, the complainant reached at the spot, then the accused-appellant fled away from the spot. The complainant had rushed her mother to the hospital in Ambulance 108.

(3.) Learned counsel for the appellant submits that offence under Section 326-A I.P.C. is not made out against the accused-appellant as the victim has not received any fatal injuries on her person. Neither there was any permanent/ partial damage nor there was any deformity on the person of the victim. The victim was having superficial burn injuries on her face and back. The Doctor has opined that the injuries were caused by some chemical and the same were not grievous or dangerous to life and the conviction and sentence imposed under Section 326-A I.P.C. is not in consonance with the medical evidence, at the most offences can go upto the limit of under Section 326-B I.P.C.