IMTYAZ Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been preferred against the Judgment and order dated 11.5.2010 passed by the Additional Sessions Judge, Court No. 1, Mahoba in Criminal Appeal No. 9 of 2010, Imtyaz x State of U.P. and others, confirming the Judgment and order dated 22.3.2010 passed by the C.J.M. Mahoba in Criminal Case No. 2094 of 2008, State Vs. Imtyaz, under Sections 326, 452 I.P.C., Police Station Kotwali, District Mahoba whereby the revisionist as convicted under Section 326/452 I.P.C. and sentenced to undergo seven years' rigorous imprisonment and to pay fine of Rs. 1,00,000/ - and four years' rigorous imprisonment and to pay fine of Rs. 20,000/ - respectively with default stipulation. Out of the amount of fine, compensation was also awarded to three victims.

(2.) THE prosecution case in brief is that the accused Imtyaz is son -in -law of complainant Rehana and Rosy is daughter of the complainant. Rosy was married to Imtyaz. On 3.8.2008 when the complainant Rehana, her daughter Rosy, niece Nikki and Rosy's daughter Alshifa along with other members of the family were sleeping, all of a sudden at about 12 a.m., accused Imtyaz entered the house of the complainant and threw acid on the daughter of the complainant Rosy, her niece Nikki and Rosy's daughter Alshifa and on their hue and cry the accused fled away from the house. As regards the motive for the offence is concerned, it has been mentioned in the first information report that a case under Section 125 Cr.P.C. was pending between Rosy and the accused and the accused had threatened Rosy that if she would not compromise in the petition under Section 125 Cr.P.C., he would not spare her.

(3.) THE prosecution had examined complainant Rehana (P.W. 1), her injured daughter Rosy (P.W. 2), Dr. R.B. Arya (P.W. 3), Retired S.I. Har Narain (P.W. 4), Constable Ajay Singh (P.W. 5) and injured Nikki (P.W. 6).