LIAQAT Vs. STATE OF U.P

JUDGEMENT

(1.) Heard counsel for the revisionist, learned AGA and perused the records.

(2.) In Criminal case No. 2584/1988 State v. Liaqat @ Baora, the accused-revisionist was charged for offence under Section 326 IPC, which relates to throwing of heated boiled oil by accused over a boy Furkan, causing grievous injury. After appreciating the evidences of facts including evidence of eye-witnesses as well as of the victim, and also other formal evidences relating to investigation and medical legal examination, the court of Judicial Magistrate 1st, Bareilly had found accused Liaqat @ Baora guilty of the charge under Section 326 IPC and sentenced with imprisonment of two years and fine of Rs. 500/- (in default of payment of fine two months additional imprisonment). Against said judgment of the trial court, Criminal Appeal no. 187/1988 Liaqat @ Baora v. State of U.P. was preferred, which was heard and dismissed by the judgment dated 24.04.1992 of court of Sessions Judge, Bareilly. Against these judgments present revision has been preferred by sole accused.

(3.) I have appreciated arguments advanced by counsel for revisionist and also the grounds mentioned in memorandum of revision. It has been contended that revisionist-accused was mentally challenged person and there is possibility that he might have caused injuries to victim without knowing consequences of his acts.