BALLU @ BALRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant / accused has preferred this ap- peal under Section 374 (2) of the Code of Criminal Proce- dure, 1973 being aggrieved by judgment dated 27.09.2013 passed by 14th Additional Sessions Judge, In- dore (MP) in Sessions Trial No.1331/2012, whereby present appellant Ballu @ Balram s/o Vijay Singh Bais has been convicted for offence punishable under Section 307 of the Indian Penal Code, 1860 and sentenced to un- dergo ten years rigorous imprisonment with fine of Rs.5,000/- along with default stipulation.

(2.) The prosecution story, in short, is that on 15.09.2011 at about 10.00 PM complainant Ranjeet Saini was sitting on the counter of his Sheetal Gajak Shop, sit- uated at Chhawani, Indore (MP) while Naveen was work- ing in the shop and his friends Hani Sharma and Vickey were standing near the counter. At that time, present appellant Ballu @ Balram s/o Vijay Singh Bais, aged about 30-32 years, wearing pink colour shirt came there, while demanding Kulfi (ice candy), he thrown acid (which was kept in a plastic can) on the complainant with intention to commit his murder. As a result, com- plainant Ranjeet Saini received injuries on his hand, back and side part of head (kanpatti). When com- plainant Ranjeet Saini shouted, then Naveen came there and removed the shirt from the body of Ranjeet Saini by tearing it. During this, Naveen also sustained injury on his right hand due to acid. Complainant Ranjeet Saini was taken to Gokuldas Hospital. Complainant Kapil Saini reported the incident to Police Station Sanyogita- ganj, District Indore (MP). On the basis of which, of- fence punishable under Section 307 of the Indian Penal Code, 1860 was registered against the present appellant.

(3.) The present appellant / accused was arrested on 01.09.2011 vide Ex.P/23. Test Identification Parade was conducted by Jamil Khan, Additional Tahsildar, In- dore at District Jail, Indore on 01.08.2012. The present appellant was duly identified as the assailant by com- plainant Ranjeet Saini s/o Purushottam, Nitesh Singh Tomar @ Vickey s/o Dharam Singh Tomar, Kapil Saini s/o Mohanlal Saini and Omprakash s/o Ghisalal Saini in Test Identification Parade (Ex.P/5).