PINTU GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Yadav, learned counsel for the accusedappellant and Sri Nagendra Srivastava, learned A.G.A. assisted by Sri Akhilesh Kumar Tripathi, learned A.G.A. for the State.

(2.) This appeal challenges the judgment and order dtd. 13/6/2017 passed by IIIrd Additional Sessions Judge, Court No.4, Jaunpur in Sessions Trial No.74 of 2011 convicting accused-appellant, Pintu Gupta, under Ss. 326 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 3 (2) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act). The accused-appellant was sentenced to rigorous imprisonment of 10 years with fine of Rs.25,000.00 under Sec. 326 of I.P.C. and was sentenced to imprisonment for life with fine of Rs.10,000.00 under Sec. 3 (2) (v) of SC/ST Act. Default sentences for both the offences were one year rigorous imprisonment each. The date of sentence was 14/6/2017.

(3.) Brief facts as culled out from the record are that on the basis of the written report, the F.I.R. came to be lodged against the accused on 29/1/2011 by the father of the injured as the injured was hospitalized. The injured was caused burn injuries by hitting him with a bottle in which there was some liquid which is said to be acid and the injured was taken for medical treatment. The F.I.R. states that the age of the accused-Pintu Gupta was 20 years and that of the injured-Sanju Kumar Benvanshi, namely the son of the informant was 18 years at the time of incident. It was further alleged in the F.I.R. that looking to the incident there was commotion in the public and public started running here and there. As the accused sprinkled acid on the face of the injured, his face was badly burnt and for some time his eyesight was lost. The First Information Report was lodged on 29/1/2011. The incident occurred at 6.30 in the evening when people were sitting in shops and were having their tea. Ladies with their children were purchasing vegetables and other grocery items.