ABBU @ SHARAFT ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dtd. 29/3/1989 passed by learned Additional Sessions Judge, Jhalawar (for brevity 'the learned Trial Court') in Sessions Case No. 19/87 whereby, while convicting the accused-appellant (for brevity 'the appellant') under Sec. 326 IPC, he has been sentenced as under :-

(2.) The relevant facts in brief are that on the parcha bayan (Ex.P1) of the injured Prakash Chand Chawadiya dtd. 21/9/1986, an FIR No. 17/1986 (Ex.P14) came to be registered at Police Station Jhalawar against the appellant and co- accused persons namely; Abrar and Salim under Sec. 307/34 IPC. It was alleged in the FIR that on that very day at about 6 pm, when he was going from New Cloth Market to his home on a bicycle, in front of Narayan Hotel, the appellant threw acid upon him resulting into burn injuries. After investigation, charge sheet was filed against the appellant and the co-accused persons. Charge under Sec. 307 IPC was framed against the appellant whereas, charge under Sec. 307 read with Sec. 34 IPC was framed against the co-accused. The accused pleaded not guilty and demanded trial.

(3.) After conducting trial, while, co-accused persons were acquitted from the charge under Sec. 307/34 IPC, acquitting the appellant under Sec. 307 IPC, he has been convicted under Sec. 326 IPC and sentenced as stated hereinabove by the learned Trial Court vide judgment dtd. 29/3/1989.