JALLO ALIAS JILLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by thejudgment of conviction and order of sentence dated 2-9-2003 passed by the learned Third Additional Sessions Judge, Morena, in Sessions Trial No. 35/2002 convicting appellant under Section 307 of IPC and thereby sentencing him to suffer ten years' Rigorous Imprisonment and fine of Rs. 10,000/- (Rupees ten thousand), in default, further Rigorous Imprisonment of three years, the appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that on 9-8-2001 at 12.30 a.m. complainant-Hakim was sitting in front of his house along with his younger brother Kalyan Singh and wife Laxmi Bai (hereinafter referred to as "the injured") and they were talking to each other, at that juncture, appellant came and threw acid from a bottle on the injured, as a result of which at several places she received burn injuries; lost the vision of her right eye and her face was also disfigured. On being screamed by the injured, Kalyan and Feran came at the house of the complainant and they saw appellant running away from the house of the complainant. The motive behind the incident as per the case of prosecution is that the bank pass book of the injured was kept in the house of appellant, which he was not returning, as a result of which some dispute arose between him and the injured, eventually in order "to take the revenge acid was thrown on the face of the injured by the appellant. A report was lodged by the husband of the injured namely Hakim (P.W. 1) and after registering the case the investigation was initiated.

(3.) After the investigation was over a charge-sheet was submitted in the Committal Court which on its turn committed the case to the Court of Sessions and from where it was received by the Trial Court for the trial.