HUKUM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Noor Mohammad, learned Amicus Curiae for the appellant as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present appeal has been filed against the judgment and order dated 12.05.2000, passed by the Additional Sessions Judge, Firozabad, in Session Trial No.95 of 1991, arising out of Case Crime No. 528 of 1991, whereby the appellant was convicted under Section 302 read with Section 34 I.P.C. and sentenced to imprisonment for life with fine of Rs.1,000/- in default to undergo one year additional imprisonment and under Section 307 read with Section 34 I.P.C. and sentenced to imprisonment for seven years. All these sentences were directed to run concurrently.

(3.) The facts in brief, as set up by the prosecution are that the complainant Babu Ram son of Chote Lal, had lodged the First Information Report on 09.05.1991, at Police Station Uttar Firozabad. In his first statement, he stated that while he and his maternal brother Daulat Ram, mother Hira Devi and Lakhan Singh, all were sleeping on cot in the night of 06.05.1991 at about 12 hours, Hukum Singh and Mahesh @ Munna Lal son of Bharat Singh, Narayan Nagar, had thrown Acid over Daulat Ram, due to which his whole body was burned and the Acid was also thrown upon the right hand of his mother Hira Devi, and trouser of Lakhan Singh was also burned. The complainant, Amar Singh and Ghamandi Lal had seen the incident, when they chased the accused, he had thrown away the bottle and run away. He stated that the reason for causing such an injury was that the complainant and his maternal brother Daulat Ram and other neighbour, had scolded the accused in the evening, since he had imputed his daughter Shyam Beti.