BASUDEV KAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) This Criminal Revision has been filed inter alia challenging the order of conviction and sentence passed in G.R. Case No. 1042 of 1985 (Tr. No. 204 of 1992) by the learned J.M.F.C., Bhadrak convicting the petitioner under Section 326 of Indian Penal Code and sentencing him to undergo S.I. for three years and to pay a fine of Rs. 3,000/-, in default to under go S.I. for three months. The learned Additional Sessions Judge, Bhadrak in Criminal Appeal No. 37 of 1992, confirmed the said order of conviction and sentence.

(2.) Bereft of all unnecessary details , the short fact of the case were that on 23rd Oct ober, 1985 in the evening when the injured, P.W. 1 sat down to urinate in front of a fence near his house, the accused stealthily approached and threw acid by a plastic mug on the left side of his face and body. P.W. 1 raised hulla and P.W. 5, Udaya rushed to the spot, found the wearing apparels of P.W. 1 to be smoldering with acid fumes and he had sustained burn injuries on his face, chest, hand and leg. The injured was immediately shifted to Agarpada Hospital. On regaining sense for a little while, the injured disclosed that the accused threw acid on him. He was treated at Agarpada Hospital and was thereafter, shifted to Bhadrak Hospital. From Bhadrak, he was later referred to S.C.B. Medical College Hospital, Cuttack, where he remained under treatment as an indoor patient for a period of two months. At 1 a.m. on 24-10-1985 the son of the injured lodged a written report before the Officer-in-Charge Agarpada Police Station, which was treated as F.I.R. and the case under Section 326,I.P.C. was registered against the accused, investigation was taken up and after conclusion of the investigation, charge-sheet was submitted.

(3.) The plea of the defence was of total denial. It was submitted that as there was inter se dispute between the parties and a civil dispute was pending. A Pancha, which was convened to decide the dispute, could not arrive at a conclusion. Being enraged false and frivolous allegations were levelled against the accused.