MANIRUL ISLAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order passed by the Learned Additional Sessions Judge, 6th Court at Barasat North 24-Parganas on 14.01.2009 in ST Case No. 2(7)2008/Sessions Case No. 1(7)2007 of his Court. The background of the case is that one Md. Hakim Biswas lodged an FIR at Deganga P.S. within district North 24 Parganas to the effect that his wife Mst. Anoara Bibi had gone to reside in her father's house at village Gobindapur. During her stay there, the Appellant Nazrul Islam, a neighbour of her father's village made some illicit proposal to her, which she refused to accept. Out of grudge on account of such refusal, the said Nazrul Islam accompanied by the other two convicts namely Md. Manirul Islam and Md. Anar Ali, also of village Gobindapur, on 25.08.06 at about 9 p.m. with the common object of teaching her a lesson, threw acid on her face, when she was lying on a cot in the verandah. While she started to clamour, the inmates of the house of the complainant reached there and took her to Barasat Sadar Hospital for treatment. Because of such throwing of acid upon the victim Anoara, she sustained severe injuries and the right portion of her face was severely burnt.

(2.) On the basis of the above allegations, Deganga P.S. case No. 134/06 dated 28.08.06 u/s. 326/307/34 of I.P.C. was started against the aforesaid three accused persons Nazrul Islam. Md. Manirul Islam and Md. Anar Ali.

(3.) All those three accused were thereafter tried and convicted by the Trial Court of the Offences under sections 326/307/34 of the IPC. They were sentenced to suffer Rigorous Imprisonment for Seven (7) years each for the offences under sections 326 and 307 of the IPC separately, apart from being directed to pay a fine of Rs. 10,000/- each and 5,000/- each for the aforesaid offences, in default of which payments they were sentenced to suffer further Rigorous Imprisonment for One (1) year and Six (6) months respectively.