PANCHAM DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Pancham Das @ Major Singh stands convicted and sentenced as below vide judgment dt. 22/9/2012 passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar in Sessions Case No.25/2009:

(2.) Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Sec. 374(2) Cr.P.C.

(3.) Brief facts of the case are that the Parcha Bayan of one Shri Avtar Singh son of Shri Hari Singh was recorded by the SHO, Police Station Padampur at the burn unit of Government Hospital, Sri Ganganagar on 30/8/2009 at 07.00 am. In such Parcha Bayan, Shri Avtar Singh stated that for the last two months, he was engaged as the Pathi of the Gurudwara by the villagers of Village Ghuddhuwala. The position of Pathi was lying vacant for the previous one and half months. He would go to the Gurudwara from his house at Sri Ganganagar every evening at about 6 o' clock and returned home at about 8-9 o' clock. On the previous day, some religious programme was scheduled in the Gurudwara of Village 2 N.N. Accordingly, he went to the Village 2 N.N. with the villagers of Ghuddhuwala. He came back late to Ghuddhuwala and went to sleep at the Gurudwara. In the night at about 01.45 am. And, while he was fast asleep, he felt that somebody was pouring some corrosive substance on him. He felt a severe burning sensation on his face and neck on which, he woke up. He washed his face with water whereupon, the drops fell down on his abdomen where also, he felt burning sensation. He raised a hue and cry and ran towards the house of the Pradhan Shri Balraj Singh on foot. He had travelled a little distance when Balraj Singh and other people from the neighbouring houses came around. They took him to Sri Gangangar in a jeep for treatment. He stated that he was desirous of continuing as the Pathi in the Gurudwara of Ghuddhuwala but suspected that some villagers were opposed to him. However, he categorically expressed that he had no enmity towards anyone in the village and that he could not see the assailant because he was in the stupor of sleep. On the basis of this Parcha Bayan, a formal FIR No.101/2009 was registered at the Police Station Padampur for the offences under Secs. 326 and 307 IPC and investigation commenced.