SURAJ PRAKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) APPELLANTS-PANJKU Ram and Suraj Prakash are related to each other as father and son, respectively. They are aggrieved by the judgment of the Sessions court, whereby they have been convicted of offence punishable under S. 307 read with s. 34, I. P. C. and sentenced to undergo life imprisonment and to pay compensation of rs. 1,00,000/- each to the victim of the offence.

(2.) FIRST, the prosecution case may be noticed. Appellant-Panjku Ram and P. W. 7 brij Lal, the father of the injured, are residents of the same village, i. e. village Yol in kangra District. They had some dispute with regard to a path. Some criminal cases with respect to the aforesaid dispute had also been instituted by them against each other. On 26-7-2000 around 7. 50 p. m. when P. W. 9 Manik Sharma, son of P. W. 7 Brij Lal, was returning home after playing football in the ground of the village school and reached a point about 20 metres from his house, the two appellants are alleged to have thrown acid on his face and tried to forcibly pour some acid in his mouth also. Acid thrown on the face affected the eyes instantaneously. Manik Sharma cried "bachao bachao - I cannot see. " On hearing his cries, P. W. 10 Ram Chand, occupant of a nearby house, accompanied by his wife rushed to the spot. He and his wife saw that manik Sharma had acid on his face and body. Some people had already gathered there and were saying that father of Manik sharma be informed. P. W. 10 Ram Chand then asked his son to call Manik Sharma's father. Soon thereafter Brij Lal (P. W. 7), the father of Manik Sharma, reached the spot. He threw a bucket of water on the head and the face of his son Manik Sharma and also wrapped him in a sheet of cloth which someone brought from the neighbourhood. A van was arranged for carrying Manik Sharma to the hospital. As soon as Manik Sharma was helped to board the van and it started for the hospital. P. W. 7 Brij Lal enquired from manik Sharma as to what had happened. P. W. 10 Ram Chand, P. W. 11 Ram Prakash and two other persons named Boby and R. P. Sharma were also in the van when P. W. 7 brij Lal made the aforesaid enquiry from his son. Manik Sharma (P. W. 9) told that appellant-Panjku Ram and his son Suraj Prakash, the other appellant, had thrown acid on his face and also tried to administer some acid to him forcibly and when he cried for help they ran away declaring that what they had done to him was enough to kill him but still if he survived, his life would not be spared. Manik Sharma was medically examined. His eyes were found to have been extensively damaged. Also, it was found that 2/3rd of his mouth cavity and tongue had been badly damaged by the acid. The injury to the eyes has resulted in the total blindness of Manik sharma.

(3.) MATTER was reported to the police by p. W. 7 Brij Lal, the father of Manik Sharma, because by the time Manik Sharma reached the hospital, he was unable to speak, on account of the severe burn injuries caused by acid to his tongue and mouth cavity and so he was unable to lodge the report.