PARITOSH DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant was convicted on two counts under Section 326 of the Indian Penal Code for causing grievous hurt by dangerous substance to P.W. 2 Purnima Dey and Puspa Dey, P.W. 6 respectively and on two counts under Section 324 of the Indian Penal Code for causing hurt by dangerous substance to P.W. 4 Lalpi Dey and P.W. 8 Shilpi Dey and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.10,000/-, in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under Section 326 of the Indian Penal Code committed against P.W.2 Purnima Dey; convict Paritosh Dey is sentenced to suffer rigorous imprisonment for eight years and to pay a fine of Rs.10,000/-, in default, to suffer rigorous imprisonment for a further period of six months for the offence punishable under Section 326 IPC committed against P.W. 6 Puspa Dey; convict Paritosh Dey is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a further period of three months for the offence punishable under Section 324 IPC committed against P.W. 4 Lalpi Dey; convict Paritosh Dey is sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/-, in default to suffer rigorous imprisonment for a further period of three months for the offence punishable under Section 324 I.P.C. committed against P.W. 8 Shilpi Dey. All the sentences to run concurrently. Fine amounts, if realized, shall be paid to the victims proportionately to the fine imposed in respect of the offences committed against each of them.

(2.) The prosecution case as alleged against the appellant is to the effect that in the night of 02.05.2006 around 11.00-11.30 p.m. the victim Purnima Dey, P.W. 2 along with her mother Puspa Dey, P.W. 6 and her two nieces, namely, Lalpi Dey, P.W. 4 and Shilpi Dey, P.W. 8 were returning home after enjoying 'kirtan' in the house of Sudhir Ghosh. When they reached near their residence, the appellant threw water like substance on them. Purnima felt burning sensation and realised that the appellant had thrown acid at them. All of them sustained acid burn injuries. After throwing acid the appellant ran away from the place. Purnima and other victims were treated at Dhubulia Hospital and thereafter there they were treated at Saktinagar Hospital.

(3.) Charges were framed against the appellant under Sections 307/326/324 of the Indian Penal Code. In conclusion of trial the appellant was convicted and sentenced the appellant as aforesaid. He, however, was acquitted of the charge under Section 307 IPC.