MANOJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an appeal in which two unmarried sisters are victims of acid attack. The accused-appellant has preferred this criminal appeal against the judgment and order dated 07.07.2010, passed by Sri Nalin Kant Tyagi (HJS) Additional District & Sessions Judge, F.T.C.-II, Hathras, in Sessions Trial No. 326 of 2007 (State Vs. Manoj), registered as Case Crime No. 90 of 2006 under Sections 326, 307 and 506 I.P.C., Police Station Hathras Junction, District Hathras, whereby the accused-appellant has convicted and sentenced to undergo rigorous imprisonment for seven years under Sec. 307 I.P.C. along with a fine of Rs. 2,000.00. He was found guilty under Sec. 326 I.P.C. and was sentenced for 10 years rigorous imprisonment along with fine of Rs. 2,000.00 as fine and under Sec. 506 I.P.C., he was further sentenced for 6 months' rigorous imprisonment and Rs. 1,000.00 as fine. It was directed that all the sentences will run concurrently and in case the total fine of Rs. 5,000.00 is not deposited, the accused will further undergo six months' additional imprisonment.

(2.) The version of the prosecution as noticed by the trial court is that; two victims of acid attack namely Anita and Rekha Rani are real sisters. At the time of incident, they were aged about 20 years and 19 years respectively. On 18.05.2006 at about 04:30 A.M., Anita and Rekha Rani were sleeping in front of their house which is appurtenant land adjacent to the public path. Their father Kehar Singh wake up them, thereafter he went to feed his cattle which was his daily routine. But the victims remained in their bed. After some time, the accused Manoj who is their next door neighbour came near the cot on which both the girls were sleeping, he pulled the sheet by which they had covered their bodies and he splashed a liquid (acid) on their faces. He was carrying acid in plastic container. After the incident, he fled from the spot.

(3.) On falling of that liquid, Anita received severe burn injuries on her face, eyes, neck, chest, hands and legs. She also received burn on her clothes. Her sister Rekha Rani also who was sleeping beside her, at the same cot, also received injuries.