ASHOK KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) ASHOK; Kumar, resident of Bara Bazar, Hazaribagh, the appellant, stands convicted under Section 326 of Indian Penal Code, and sentenced to undergo rigorous imprisonment for eight years, and a fine of Rs. 1000 (rupees one thousand) or in default to undergo further rigorous imprisonment for six months. Feeling aggrieved, he has preferred this appeal.

(2.) THE outer gate of the Government Girls High School, Hazaribagh, was the scene of a ghastly crime on 28-7-1977 at about 9.15 a.m. when concentrated nitric acid was thrown on the face, cheat, etc. of Indu Sinha. She was then a student of X class in that school and was entering its premises for taking final supplements examinations. According to the prosecution, Ashok Kumar appellant was the culprit responsible for committing that tragic crime upon Indu Sinha. Shortly, earlier she had come in a car bearing registration No. B.R.M. 636 of Shri Narbdeshwar Singh, with her father Shri Madan Mohan Singh P. W., then serving as Co-operative Extension Officer, Hazaribagh, and Gulzar Ahmad P. W. After Indu Sinha was made the victim of the crime, she had raised shrieks, which had attracted the attention of Narbdeshwar Singh, Madan Mohan Singh and Gulzar Ahmed P. Ws. and for that matter many others, then present nearby. Immediately after throwing acid, the appellant had started running towards the Forest Colony, Hazaribagh. His friend. Bholanath, since acquitted, was already present at a small distance with his cycle THE appellant and Bhola Nath had tried to escape on the letter's cycle. However, Madan Mohan Singh, Narbdeshwar Singh and Gulzar Ahmad P. Ws. had given them a chase in their car. THEy had been able to apprehend the appellant within the premises of the Forest Colony, Hazaribagh, but his friend Bholanath had managed to dispappear. THE appellant had been brought in that car to the place of the occurrence. In the way. the appellant had confessed before Narbdeshwer Singh, Madan Mohan Singh and Gulzar Ahmad P. Ws. about his throwing Nitric acid on the face and other vulnerable parts of the body of Indu Sinha, On reaching the spot, Madan Mohan Singh P. W. had found thai his daughter Indu Sinha had earlier been removed to Sadar Hospital Hazaribagh, for treatment. S.I. Lalit Kumar P. W. along with his force had already reached there on getting a telephonic message about commission of the crime. He had entrusted the custody of the appellant to Balram Kujur and Ram Singh AS1S, and himself had rushed with Madan Mohan Singh P. W. to the Hospital Indu Sinha was found getting treatment there Madan Mohan Singh P. W. had drafted his report Ext. 2 and presented the name before S.I. Laiit Kumar. P. W That statement was sent to the police station, whereupon, formal F.I.R. was drawn up. During investigations, it was found that the appellant had purchased the acid from Hind Stores, Hazaribagh through his friend, Shivpujan Kumar P. W. His statement was recorded. From the place of occurrence, a plastic can and a handkerchief still smelling of nitric acid, were taken into possession vide seizure memo Ext, 1 attested by Arun Kumar Pilani P. W. After completion of the investigations, the appellant and his alleged co-culprit Bholanath were charge-sheeted. However, the latter has earned acquittal from the trial court.

(3.) THE appellant, in his examination, had denied the prosecution allegations, and stated that he was innocent. He had not put forward any specific plea. Out of two witnesses examined in defence, the evidence of Deep Narain Prasad D. W. 1 is not material for the decision of this case, inasmuch as it pertains to the acquitted accused. Sunil Kumar D. W. 2 is the first cousin of Ashok Kumar appellant He had deposed about the some beating given by appellant to the P. W. 1, earlier to the occurrence, when he had committed theft of a which of his brother-in-law. Tapas, which was subsequently returned.