KISHORI NONIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant, Kishori has filed this criminal appeal against the judgment and order dated 17/10/1978 passed by Sri B.N. Mohiley, lind Additional Sessions Judge Mirzapur in Sessions Trial No A-176 of 1977 convicting and sentencing the appellant under Section 302 of the Indian Penal Code for imprisonment of life and under Section 307 of the Indian Penal Code, for a period of seven years rigorous imprisonment. Both the sentences were to run concurrently.

(2.) The prosecution story is that on the night between 20/21st August, 1977 around 1.30 a.m. Bijai, aged 12 years and Panna Lal alias Panaro, aged 10 years, were sleeping in village Bharauhana, Police Station Kotwali Dehat, Mirzapur on the same cot in front of their house. Their two sisters were also sleeping together on a cot nearby. A lantern was put in the Taka of the Delan which was giving adequate light. Around 1.30 a.m. it is alleged that the appellant threw acid on the two boys. However, more acid fell on the person Of Bijai (deceased) while only a drop of acid fell on the body of Panna Lal alias Panaro On account of the drops of this acid and on account of burning sensation caused to him he woke up and saw the appellant and he enquired of the appellant whom he called Kishori Chacha though not directly related (as the elder persons are addressed as such) as to what the matter and why the acid was being thrown on his brother. The appellant snubbed him to remain quit failing which he too will be done to death. He repeated this thrice or four times to the appellant as to what is the matter and why the acid is being thrown on his brother. However, the appellant, in view of the above, threw acid on the person of Panna Lal alias Panaro and then ran away. Both started crying and then fainted. Bhullan (P.W.3) and Sharda (P.W.4) saw this incident in the light of the lantern and torch Sharda (P.W.4) tried to catch the appellant but all the exercise to catch held of the appellant went in futility. The appellant after running for a while jumped upon the wall of his house and went inside it. Bhullan immediately went to the field of Smt. Girja Devi (P. W.5) where the mother of Bijai and Panna Lal alias Panaro was irrigating her paddy crop. Sharda went to Allahabad to inform Kishori (P.W.6), the father of Bijai and Panna Lal alias Panaro After the arrival of Smt. Girja Devi mother of the two children, the two boys were taken to the Sadar Hospital, at Mirzapur. As the cot on which these two children were sleeping had burnt they were taken on another cot.

(3.) After reaching the hospital Dr. V.P. Gupta, (P.W.1) examined Bijai (deceased) and Panna Lal alias Panaro on 21/8/1977 at 2.20 a.m. and 2.25 a.m. respectively. As the two children, Bijai and Panna Lal alias Panaro had been brought by their mother and few other persons of the same village and not by any police party Dr. V.P. Gupta sent a memo to the Station Officer, Dehat Kotwali, Mirzapur. In this memo only this fact has been mentioned that two boys who are sons of Kishore and residents of village Bharohana, Police Station Kotwali Dehat, have been admitted in the hospital with burn-injuries. Nothing more was indicated therein.