STATE OF H P Vs. DOLMA AND ANOTHER

JUDGEMENT

(1.) The appellant-State aggrieved and dissatisfied with the judgment dated 24.02.2011 passed by learned Sessions Judge, Kullu in Criminal Appeal No. 31 of 2009, whereby one of the accused Rintu Devi @ Guddi has been acquitted of the charge under Section 326 read with Section 34 of the Indian Penal Code, whereas, while modifying the conviction and sentence of the principal accused Dolma respondent herein, she has been convicted and sentenced to pay the fine of Rs.30,000/- under Section 323 of the Indian Penal Code instead of Section 326 of the Code, is in appeal before this Court.

(2.) The complainant in this case is Gian Chand (PW-1). He claims himself to be the victim of the occurrence allegedly taken place on 20.01.2003 around 8.00 a.m in his shop situate at Kashladhi Tehsil and District Kullu. Since he allegedly received injuries on his person on account of throwing acid by the principal accused Dolma on his face, therefore, immediately after the occurrence, she was removed to the zonal hospital, Kullu. The information mark 'A' qua throwing of acid on the person of PW-1 was received in Police Station, Sadar, Kullu. In order to verify the alleged occurrence, Sub Inspector Kamla (PW-6) rushed to the hospital. She made application Ext. PW-6/A to the Medical Officer on duty for seeking opinion as to whether PW-1 was fit to make statement or not. The Medical Officer has declared him fit and as such PW-6 has recorded his statement under Section 154 Cr.P.C, Ext. PW-1/A. The allegations he levelled in his statement Ext. PW-1/A, in a nut-shell, are that on 20.01.2003 around 8.00 a.m., both accused came to his shop and Dolma, the principal accused asked for a packet of milk. While in the process of taking out the milk packet to hand over the same to the said accused, she threw acid on his face. He cried for help. On hearing his cries, his neighbour Bir Singh (PW-5) arrived at the spot. He made him to put off the clothes, which he was wearing at that time. He also applied honey on the burnt spots on his face. On account of throwing acid on him, accused Dolma allegedly caused injuries on his face, hands and ankles. He apprehended danger to his life at the hands of accused Dolma.

(3.) On the basis of statement Ext. PW-1/A, FIR Ext. PW-6/A was registered by the then Inspector/SHO, Police Station, Sadar, Shiv Chaudhary. The endorsement Ext. PW-6/C on Ext. PW-1/A was also made by the SHO. PW-6 has also taken in possession the slip Ext. PW-2/A qua discharge of PW-1 from the hospital. On receipt of report of chemical examiner Ext. P-X, the file was handed over to Sanjay Sharma, Station House Officer. Further investigation was conducted by PW-4 Mohinder Singh. He inspected the spot on 23.01.2003 and prepared spot map Ext. PW-4/A. The record qua treatment of complainant Ext. P-1 to Ext. P-4 was taken into possession vide memo Ext. PW-2/A. Initially, the case against the accused was registered under Sections 336 and 323 of the Indian Penal Code. In view of the complainant was allegedly found under treatment as an 'indoor patient' for a period over 20 days, the case was converted from Section 323 IPC into Section 326.