VEERPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 17.5.2013 passed by the Sessions Judge / Special Judge (S.C./S.T. Act) in Session Trial No. 358 of 2009 (State Vs. Veer Pal @ Ghurai) arising out of Case Crime No. 534 of 2009, P.S. Talgram, District Kannauj by which trial court has convicted the appellant under Section 326 I.P.C. and sentencing him for 10 years rigorous imprisonment along with fine of Rs. 15,000/- and in default of payment of fine to undergo six months additional simple imprisonment.

(2.) The brief facts of the case are that the first information report was lodged by Bhure Lal on 13.7.2009 stating that the accused Veer Pal @ Ghurai has given his agricultural land to the informant's brother Sushil on Batai. The accused Veer Pal @ Ghurai used to frequently visited the house of his brother on account of which he developed some illicit relationship with the wife of his brother. The said relationship was disliked by the informant and his wife Leelawati and they objected the accused from coming to their house on account of which the accused Veer Pal @ Ghurai bear ill-will. He further stated in the F.I.R. that on 12.7.2009, the informant's wife Leelawati was sleeping outside from the house and the informant was sleeping near her cot and at about 12.00 in the midnight Veer Pal @ Ghurai and Laddu son of Rajaram Katheria had come and have thrown acid on the face of his wife. Then informant, on the alarm raised, woke up and saw that the accused Veer Pal @ Ghurai and Laddu were present near his wife. On the questioning the accused as to why they were standing their, then the accused went away. The informant has witnessed the incident and has also identified the accused. He took his wife for medical treatment to Dr. Subhash at Gursahaiganj in the next morning.

(3.) The F.I.R. of the incident was registered as Case Crime No. 534 of 2009, under Section 326 I.P.C., P.S. Talgram, District Kannauj at 22-10 hours by informant Bhure Lal which was marked as Ex. Ka-5 and registration of F.I.R. was also endorsed in the G.D. in the concerned police station which is marked as Ex. Ka-6.