RAKESH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the appeals are directed against judgment and order of conviction and sentence dated 20-12-2017 and 21-12-2017 passed by the Additional Sessions Judge, 1st Fast Track Court, Berhampore, Murshidabad in Sessions Trial No. 04(07)/2017. By the said judgment, the Learned Trial Judge convicted appellant Rakesh Mondal for offence punishable under Section 326A I.P.C and Section 341 IPC and sentenced him to suffer rigorous imprisonment for ten years and pay fine of Rs. 1,00,000/-, in default to suffer simple imprisonment for another two years for offence punishable under Section 326A of the I.P.C. and to suffer simple imprisonment for one month and pay fine of Rs. 500/-, in default to suffer simple imprisonment for 3 days for offence punishable under Section 341 of the I.P.C. The learned Court convicted appellant Chandan Pal for offence punishable under Section 326A of the I.P.C. read with Section 109 of the I.P.C. and sentenced him to suffer rigorous imprisonment for ten years and to pay fine of Rs. 10,00,000/-, in default to suffer simple imprisonment for another two years. He was further convicted for offence punishable under Section 6(b) of the Poison Act, 1919 and was sentenced to suffer imprisonment for three months and pay fine of Rs. 500/-,

(2.) Ayesha Khatoon, the ill-fated victim suffered acid burn injuries which led to registration of the present complaint. On 18-08-2016, the victim's father Yeanoch Mondal lodged written complaint before Nowda Police Station to the effect that on the same day at about 10:30 A.M. when Ayesha was proceeding towards Chandpur Gram Panchayat Office from her house to collect a certificate, Rakesh Mondal stalked her. As the Panchayat Pradhan was not present in the office, Ayesha started on her way back home. At that time at about 11:00 A.M. Rakesh threw acid aiming her eyes and face resulting in severe burn injuries and pain on her person. She fell on the ground writhing in pain and was taken to Amtala hospital by local people. The miscreant fled away.

(3.) On receipt of the complaint, Nowda Police Station Case No. 235/2016 dated 18-08-2016 under Section 341/326A/307 of the I.P.C. was started. On completion of investigation charge sheet was submitted against the appellants under Section 341/326A/307/109 of the I.P.C. read with Section 6(b) of the Poison Act, 1919. The case was committed to the Court of learned Sessions Judge, Murshidabad and subsequently transferred to the Learned Additional Sessions Judge, 1st Fast Track Court, Berhampore, Murshidabad for trial.