VIJAY SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 12.9.1996 passed by the 8 th Sessions Judge, Jabalpur, District Jabalpur, in S.T.No. 8/89 whereby the appellant has been convicted for the offence punishable under Section 324 of the IPC and sentenced to undergo R.I. for 2 years along with fine of Rs.5000/- and also convicted under Section 326 of the IPC and sentenced to undergo R.I. for 5 years along with fine of Rs.5000/- with default stipulations.

(2.) The prosecution case, in brief, is that on 1.5.1986 near about 8 a.m., Arvind along with his cousin Anita were going on Luna moped to City College Jabalpur, in front of Preetam Pansari's Bada, the appellant came with two mugs of acid and threw over Arvind and Anita. They sustained injuries on their person. They reported the incident at Police Station Lordganj District Jabalpur on the same day where FIR was registered vide Crime No.346/1986. Both the injured were medically examined. Anita was admitted in the hospital for more than 20 days.

(3.) The aforesaid findings have been assailed on the ground that the testimony of prosecution witnesses are not reliable and the appellant has proved by defence witness is that the other person caused injury to the victims and on account of previous enmity, he has been falsely implicated. The aforesaid evidence has been ignored by the learned trial Court. It is further submitted that the appellant is the first offender and is facing proceedings for nearabout 33 years and has also remained in custody since 12.9.1996 to 16.12.1996 i.e. more than three months. Therefore, his sentence be reduced to the period already undergone and the fine amount may be enhanced.