BARUN LOHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) On consent of the parties, appeal is taken up for hearing.

(2.) Appellant has assailed judgment and order dtd. 19/3/2021 and 20/3/2021 passed by the learned Additional Sessions Judge, Fast Track Court, Suri Birbhum in Sessions Trial No.01/December/2014 arising out of Sessions Case No.99 of 2014 convicting him for commission of offence punishable under Ss. 326A of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for ten years and to pay fine of Rs.30,000.00, in default, to suffer imprisonment for six months for the offence punishable under Sec. 326A of the Indian Penal Code. Fine amount, if deposited, shall be paid to the victim PW 1. Prosecution case:-

(3.) Prosecution case as alleged against the appellant is to the effect that on 16/12/2013 at 8.30 am the victim (PW 1) was proceeding to her place of work riding on the back seat of the bicycle of Hiran Mahara (PW 3). When she arrived near New Dangalpara, appellant came from behind and threw acid on her and fled away. She cried out in pain and fell from the bicycle. Hiren Mahara informed her husband, Sisir Kora (PW 2). Sisir came to the spot. Victim was taken to police station where she lodged complaint against the appellant resulting in registration of Suri P.S case no. 399 of 2013 dtd. 16/12/2013 under Sec. 326A/354D/307 IPC. Thereafter, she was shifted to Suri hospital and referred to Burdwan Medical College and Hospital on 29/12/2013.