SUBHASH BOURI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The sole appellant is aggrieved by the Judgment of conviction dated 19th of May, 2008 and Order of sentence dated 22nd of May, 2008, passed by the learned Additional Sessions Judge, F.T.C.-I, Bokaro, in Sessions Trial No. 236 of 2005, whereby, the sole appellant has been found guilty and convicted for the offences under Sections 376 / 511, 326 and 307 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo imprisonment for life for the offence under Section 307 of the Indian Penal Code. He has again been sentenced to undergo imprisonment for life also for the offence under Section 326 of the Indian Penal Code. He has been sentenced to undergo R.I. for 5 years for the offence under Section 376, read with Section 511 of the Indian Penal Code, and fine of Rs. 500/- for each of the offences. All the sentences were directed to run concurrently.

(3.) The prosecution case was instituted on the basis of the fardbeyan of the victim lady Geeta Devi, recorded at Referral Hospital, Bokaro, on 16.4.2005 at 19.45 hours, wherein she has stated that in the previous night, she was sleeping at the roof of her house along with her son Subal Bouri, aged about 10 years and daughter Sati Kumari, aged about 3 years, and 4-5 ladies of the neighborhood were also sleeping on the said roof along with their children. While they were sleeping, about 1.30 A.M., accused Subhash Bouri came there and made an attempt to commit rape upon her by removing her saree, whereupon she woke up and raised alarm. The ladies, sleeping nearby also woke up, whereupon, the accused Subhash Bouri threw acid on her face, due to which, her face, hair and other parts of the body were burnt. Her son, sleeping by her side, was also burnt by the acid thrown by the accused. Her husband was not present in the house, as he had gone to town for some work and he had not returned back, and the other male members in the family had gone to see a programme in another village. She has stated that as upon the alarm raised by her, the other ladies sleeping nearby, woke up, the accused could not commit rape upon her, therefore, he threw acid on her, causing burn injuries. On the basis of the fardbeyan given by the victim lady, Pindrajora P.S. Case No. 38 of 2005, corresponding to G.R. No. 401 of 2005, was instituted for the offences under Sections 376 / 511, 354, 324 and 307 of the Indian Penal Code, against the accused Subhash Bouri and investigation was taken up. After investigation, the police submitted the charge-sheet in this case.