RAJ KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) D. P. S. Chauhan, J. Second Additional Munsif Magistrate, Haldwani by its order dated 3-4-1981 passed in Criminal Case No. 188 of 1980 convicted accused Raj Kumar and Bishan Swaroop under Sections 323, 452 and 326/34, I. P. C. and after hearing them on the question of sentence convicted accused Raj Kumar under Section 326, I. P. C. for three years' R. I. together with a fine of Rs. 5,000/- and in default of payment of fine, he was directed to undergo one year's R. I. Under Section 452, I. P. C. accused Raj Kumar was sentenced to six months' imprisonment together with a fine of Rs. 200/- and in default, he was required to undergo one month's imprisonment. No sentence was recorded under Section 232, I. P. C. as it was not considered necessary Accused Bishan Swaroop was sentence under Section 326, I. P. C. for three years' R. I. together with a fine of Rs. 1,000/-and in default of payment of fine, he was required to undergo two months' imprison ment. Further under Section 452, I. P. C. he was sentenced to two months' R. I. together with a fine of Rs. 500/ -. In default, he was required to undergo one month imprisonment. No sentence was impose under Section 323, I. P. C. Against this conviction and sentences both the accused preferred criminal appeal. Criminal Appeal preferred by Raj Kumar was numbered as Criminal Appeal No. 81 of 1981 and appeal preferred by Bishan Swar-poop was numbered as Criminal Appeal No. 90 of 1981. Both these appeals were decided by First Additional. Sessions Judge, Nainital by a common judgment dated 13th October, 1981. He dismissed both the appeals maintaining the conviction and sentences of the appellants.

(2.) THE present revision is the out come of the aforesaid conviction and sentence which is filed only by one accused Raj Kumar.

(3.) SHYAM Lal, complainant, was also examined by him and the following injuries were found on his body: "there were third degree burns on the right side of neck, right upper on and forearms, left upper arm and half of fore arms, right side of chest, right chest, upper back right side, right thigh and leg and second degree burns on the left leg and front of face. Right eye swollen and closed and called not opened. Yellowish brown staining was present, at various parts of body around and about the burns. The burn left area were not surrounded by any red line of demarcation. Burns were almost uniform in character. They were not scratched. There was vesicle formation present. Extent of the burns was about 30%. The injuries were fresh and were caused by some corrosive substance. "