EMLEN HENRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment dated 7.12.1996 and order of sentence dated 10.12.1996 passed in Session Trial No. 34/86 whereby the learned 1st Additional Sessions Judge, Dhanbad has been pleased to convict the appellant No. 1 Emlen Henry under Sec.324, Indian Penal Code and Appellant No. 2 Ramchandra Prasad under Sec.324 read with Sec.34, Indian Penal Code and sentenced them to undergo RI for two years.

(2.) THE prosecution case in brief is thai informant alleged that his wife Emlen Henry was having illicit relationship with appellant Ram Chandra Prasad, a clerk in the hospital. At about 12 noon the inform -ant learnt that his wife was eloping with Appellant No. 1 Ram Chandra Prasad. The informant followed them on motorcycle and when they reached near Guhi Bandh, he saw his wife and Appellant No. 2 Ram Chandra Prasad going on a rickshaw towards Katras. The informant stopped rickshaw whereupon his wife took out a wire hunter from her waist and tried to assault the informant. Soon thereafter the Appellant No. 2 Ram Chandra Prasad gave one bottle containing acid to Emlen Henry who sprinkled the same on his person due to which he received burn injuries on his eyes, head, face, right hand and shoulder. In the meantime, many persons assembled and sprinkled water and saved the life of the informant. The informant has further alleged that in the meantime he disclosed the occurrence to his brother -in -law Santosh Kumar Das, Sister Enula Bibha Das and their neighbour Miss April Horo; they brought the informant to his residence where his wife also followed and again she poured acid on his person. On his hulla, neighbours came and brought him to Kilatand Hospital and from there he was referred to Central Hospital, Dhanbad for treatment and there his statement was recorded by S.I.S.S. Prasad at Katras P.S. on 14.5.1983 at about 4.00 p.m. On the basis of fardbeyan of the informant, FIR was drawn up and this case was instituted and investigation was done and after investigation charge sheet was submitted against the accused persons and cognizance was taken in the case and case was committed by the Court of Judicial Magistrate, Chas and subsequently the case was committed to the Court of sessions and charges were framed and trial proceeded. In course of trial, witnesses were examined and on the basis of oral and documentary evidence of both the sides, learned Court below came to a finding that the appellants are guilty and accordingly convicted them and sentenced them to undergo RI as aforesaid.

(3.) PW 1 is Smt. Enula Bibha Das, she is sister of the informant and she has supported the prosecution case. PW 2 is Santosh Kumar Das, who is brother -in -law of Ram Narayan Sharma Versus State Of Jharkhand the informant and husband of PW 1. PW 3 is April Horo. PW 4 is Bilasi Barla, who is maid servant in the house of the informant, PW 5 informant himself and PW 6 is doctor Mrs. Urmila Rani Sexena. She has examined A.J. Henry, the informant (PW 5) on 13.5.1983 at Regional Hospital, Bharat Coking Coal Limited, Katras. PW 7 is Dr. I.A. Khan, who has stated that informant (PW 5) was admitted in the Central Hospital, Dhanbad on 13.5.1983 and was discharged on 6.6.1983. He had not examined the informant. PW 8 is formal witness who has proved the prescription of Dr. Urmila Rani Sexena and Dr. Bidya Bhushan Prasad as well as the prescription of Dr. Rajendra Prasad.