RAMESH CHANDRA SONI Vs. STATE

JUDGEMENT

(1.) Accused-Appellant- Ramesh Chandra Soni faced trial in Sessions Trial No. 1055 of 2004 (State v. Ramesh Chandra Soni, Case Crime No. 213 of 2004) under Sections 307 and 302 IPC, Police Station Barra, District Kanpur Nagar, which came to be heard and decided by Additional Sessions Judge, Court No.11, Kanpur Nagar, vide order dated 07.02.2006 convicting accused-appellant under Sections 307 and 302 IPC and sentencing him to undergo five years rigorous imprisonment and fine of Rs.1000/- under Section 307 IPC, life imprisonment and fine of Rs. 5000/- under Section 302 IPC. Accused-appellant sought intervention of this Court by filing present Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story in brief is that on 22.07.2004 at about 10:00 AM there was oral altercation between accused-Ramesh Chandra Soni and Lakshmi Shukla @ Choti Bitiya (bhabi of PW-1) about money transaction. Accused -Ramesh Chandra Soni threw Acid upon Lakshmi Shukla @ Choti Bitiya with intention to kill her. When Neetu and Komal (not examined) rushed to rescue their mother, accused threw acid on them too due to which Lakshmi Shukla @ Choti Bitiya and her both daughters sustained injuries. Victim was taken to Hospital for treatment and accused was caught on spot with the help of persons present there and taken to Police Station.

(3.) Pw-1 presented a written report Ex.Ka-1 regarding the incident in the Police Station Barra, District Kanpur Nagar where on the basis of Ex.Ka-1, a chik FIR Ex.Ka-12 came to be registered by PW-7 as case crime no.213 of 2004, under Section 307 IPC against accused. Entry of the case was made in General Diary, copy whereof Ex.Ka-13 is on record.