PALASH GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellants have assailed judgment and order dtd. 29/4/2014 and 30/4/2014 passed by the learned Additional Sessions Judge, Fast Track Court-III, Krishnagar, Nadia in Sessions Trial No.V (February), 2012 arising out of Sessions Case No.61(1) of 2012 convicting the appellants for commission of offence punishable under Ss. 326/307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs.20,000.00 each, in default, to suffer rigorous imprisonment one year each for the offence punishable under Sec. 326/34 of the Indian Penal Code and to suffer rigorous imprisonment for life for the offence punishable under Ss. 307/34 of the Indian Penal Code 50% of the fine amount, if recovered, was directed to be paid to the victim.

(2.) Prosecution case as alleged against the appellants is as follows:-

(3.) In the night between 20/7/2011 and 21/7/2011 the victim was sleeping with her mother in the verandah. At about 3.00 a.m. appellants threw acid on the victim resulting in severe acid burn injuries on her hands and lower part of the body from the waist. Victim cried out in pain. Her family members i.e. her brothers PWs.6 and 7 saw the appellants run away from the spot. Victim was initially shifted to Dhubulia BPHC where she was treated by PW4. Therefrom, she was taken to Saktinagar Hospital. On 28/7/2011 in view of seriousness of her injuries PW5 referred her to NRS Medical College and Hospital for plastic surgery. PW13 conducted the surgery of the victim at NRS Medical College and Hospital. She was admitted in the hospital for three months. Thereafter, she continued under the treatment of PW13.