GURU MURAI Vs. STATE OF U.P.

JUDGEMENT

(1.) These two 'revisions, admitted on the point of sentence only, have arisen from the same judgment of the two lower courts and for avoiding repetition are being disposed of by a common judgment.

(2.) Prosecution story was that revisionists Lalji, Guru Murai and one Lalloo had an eye on 'the daughter of victim Shanti Devi. On the night between 30th and 31st May, 1982 at about 2 a.m., when Shanti Devi her husband and son were sleeping on the chabutra at their house, all the three emerged. Lalji had a bottle of Acid. On the exhortation of Guru Murai and Lalloo, Lalji poured Acid on Shanti Devi resulting into disfiguring of her face and causing blindness. Both the lower courts believed the prosecution story. Trial court convicted Lalji with offence under Sec. 326 I.P.C. and Guru Murai and Lalloo with offence under Sections 326/34 I.P.C. It sentenced all the three of them to rigorous imprisonment for three months and fine of Rs. 5.000.00. It allowed compensation of Rs. 10,000.00 to Smt. Shanti Devi. In appeal the lower appellate court gave' benefit of doubt to Lalloo because husband of Shanti Devi did not name Lalloo for exhortation. The lower appellate Court acquitted Lalloo, but maintained conviction and sentences of Guru Murai and Lalji. Learned lower appellate court reduced the compensation payable to victim to Rs. 5,000.00,

(3.) They then preferred the present revisions in this court.