MANJOOR ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is by the accused Manjoor Alam @ Nirahu challenging his conviction in Sessions Trial No. 8 of 2009 arising out of Case Crime No. 796 of 2008, under Sec. 302 IPC, Police Station Kolhui, District Maharajganj; whereby he has been sentenced to rigorous life imprisonment alongwith fine of Rs.10000.00 and on its failure to undergo further incarceration of two years.

(2.) The prosecution case proceeds on a written report dtd. 11/9/2008 (Exhibit Ka-1) by the informant (PW-1), who happens to be the father of the deceased, stating that he is a resident of District Maharajganj and his son Ramjan has returned about a month ago from Saudi and was sleeping with his wife Noorjahan (PW-2) on the roof. On 6/9/2008 at about 10.00 in the night the accused appellant who was residing at Bahduri on rent, on account of enmity came on the ro of and threw acid on his son and daughter-in-law. The injured son was taken to Gorakhpur for treatment and the doctors have referred him for further treatment to Delhi where he is admitted and undergoing treatment. The son of the informant was not in a position to speak and the daughter-in-law (PW-2) who had sustained lesser injuries is being treated by doctor Maurya. Having returned from Delhi the report has been lodged with the request to take appropriate action. On the basis of the above report the first information report got registered as Case Crime No. 796 of 2008 at 8.35 pm on 11/9/2008.

(3.) The investigation proceeded and a plastic bottle used for throwing acid together with certain acid burnt clothes (Lungi and Odhani) were recovered vide Exhibit Ka-8 on 2/11/2008. After nearly three months of the incident the injured son of the informant died on 15/12/2008 at about 8.00 pm and an intimation of such fact was given to the Investigating Officer on 16/12/2008.