ABBAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the appellant was charged under Sections 307, 326 and also 324 of the Indian Penal Code, on being tried by VI Additional Sessions Judge, Purnea in Sessions Trial No. 617 of 1999, he suffered conviction only under Sections 326 & 324 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for a term of seven years and two years respectively, on these two counts, with direction that both the sentences shall run concurrently.

(2.) THE factual matrix ''At about 1 P.M. on 2nd September, 1987, it was alleged, that while Badri Narayan Poddar (P.W. 5) was in the court compound, the appellant came and abused him and, instantaneously poured acid on his person, for which he suffered burn injuries. He was rushed to the hospital on a rickshaw where he was admitted for treatment. The motive assigned behind the incident, as suggested by the prosecution, was that he was a witness in a case pending against the appellant. After fardbeyan of Badri Narayan Poddar was recorded by Shri H. N. Singh, A.S.I. of Khazanchi Hat PS. on fourteen hours on 2nd September, 1987, the investigation followed, in course of which, the investigating officer visited the place of occurrence, recorded statement of witnesses, seized burnt wearing apparels, allegedly, that of the appellant from bed no. 16 of the hospital, got the victim chemically examined by the doctor and on conclusion of investigation laid chargesheet before the court. In the eventual trial that followed, the State examined altogether fourteen witnesses including the injured, host of other witnesses who demonstrated familiarity with the incident, the doctor & the police officers.

(3.) LOT of arguments were canvassed at bar by Shri Lala Kailash Bihari Prasad, learned counsel appearing as Amicus Curiae on behalf of the appellant urged that though the place of occurrence, as was admitted by the witnesses, was the court premises which was a busy place where a number of person usually come to court in connection with judicial proceedings, the State had examined only two persons, who were interested in the affairs of the injured, entirely to the exclusion of the independent witnesses. The contentions are raised that notwithstanding positive finding recorded by the doctor that both the injured sustained simple injuries which were even superficial in nature, the trial court on erroneous assumption about the injuries to be grievous in nature, recorded verdict of guilt under Section 326 of the Indian Penal Code which runs contrary to the weight of mass of evidence including that of the doctor. It is urged that since the appellant has suffered ordeal of protracted prosecution for about seventeen years and also that he has suffered custody for more than three and half years, the equity of justice would require that the appellant is not sent to custody to serve out the sentence awarded by the court beiow, in case, the finding of court below is upheld by this court. The learned counsel appearing for the State strongly urged that the prosecution has led reliable evidence to sustain the charge brought against the accused.