RAM PARTAP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellant has filed the present appeal for challenging the judgment dated 11.12.2014 passed by the learned Additional Sessions Judge, Fazilka to the extent of acquitting respondents No.3 and 4 -Sundran Devi and Gurvir Kaur, respectively of the charges under Sections 307, 326 and 120 -B IPC. Prayer has also been made for enhancing the sentence of respondent No.2 -Sunil Kumar. Respondents No.2 to 4 were tried for committing the aforementioned offences on the allegations that in pursuance of the conspiracy, respondent Sunil Kumar, with an intent to kill Kanta Rani, daughter of the appellant, had given one injection infected with HIV positive to said Kanta Rani, as a result of which, she acquired HIV and her eyes got affected and blindness started developing.

(2.) AFTER going through the evidence and hearing learned counsel for the parties, the trial Court convicted Sunil Kumar of the charges under Sections 307 and 326 IPC and sentenced him to undergo rigorous imprisonment for nine years and to pay a fine of Rs.5,000/ - on each of the two counts. Both the sentences were ordered to run concurrently. In addition, respondent Sunil Kumar was also directed to compensate Kanta Rani to the tune of Rs.4,00,000/ - in view of the provisions of Section 357 Cr.P.C. At the same time, respondents Sundran Devi and Gurvir Kaur were acquitted of the charges against them.

(3.) THOUGH the appellant has prayed for enhancement of the sentence of imprisonment of respondent Sunil Kumar yet for such a purpose, the present appeal filed by the appellant is not maintainable in view of proviso to Section 372 Cr.P.C.