Acid Horror in the Dead of Night: Allahabad HC Trims Life Sentence to 14 Years
In a chilling tale of revenge turned deadly, the Lucknow Bench of the Allahabad High Court has upheld the conviction of Jagdamba Harijan for a nighttime acid attack that claimed the lives of two women—a mother and daughter-in-law—in Pratapgarh, Uttar Pradesh. Delivered on February 12, 2026, by Justices Rajesh Singh Chauhan and Abdhesh Kumar Chaudhary (per the latter), the Division Bench dismissed the appellant's challenge under Section 374(2) CrPC but showed rare leniency by slashing his life imprisonment to a fixed 14-year rigorous term.
Midnight Mayhem: The Attack That Shook a Family
The nightmare unfolded in the early hours of May 7-8, 2014, around 2 AM. Dinesh Verma (PW-1), sleeping in a thatched shed outside his home in Aaspur Devsara, Pratapgarh, was jolted awake by screams from his mother, Phoolan Devi (50), and sister-in-law, Suman Devi (18). Rushing inside with a torch, he caught Jagdamba Harijan pouring acid on the women, who lay on the same cot. An unidentified accomplice, face covered, stood by with a stick.
Dinesh chased the attackers, but Harijan struck him with the stick before fleeing on a motorcycle with the accomplice. Motive? Harijan, a neighbor from a rival caste, had long harassed Suman, even threatening her husband pre-marriage after rebuffs. The victims suffered horrific burns—face, neck, chest, limbs—and died weeks later: Suman on May 22 from septicemia, Phoolan on May 29 from septic shock. FIR (Case Crime No. 147/2014) was lodged May 9 under Sections 452 (house-trespass), 326A (acid attack), and 323 IPC, later upgraded to 304 (culpable homicide) post-deaths.
Trial court (Additional Sessions Judge-II, Pratapgarh) convicted Harijan on August 30, 2018, sentencing life plus fines for 304/326A, and 2 years RI for 452. Acquitted on 323.
Defense Strikes at the Core: 'No Eye, No Light, No Proof'
Appellant counsel Rajendra Prasad Mishra hammered delays—FIR two days late, penned by his own lawyer (now representing Harijan)—arguing fabrication. PW-1 slept amid thorns, couldn't see the pour; identity shaky (village/address/father mismatches in FIR vs. testimony). PW-2 (Mahesh Verma) contradicted on light source (torch vs. dark post-power cut). No independent witnesses; deaths from septicemia, possibly poor care, not direct attack link. IO found no eyewitnesses; minor contradictions fatal. Pleaded reform: 14 years jailed (as of 2025), family man, no priors—cite Maniben v. State of Gujarat (2009) 8 SCC 796.
State AGA S.P. Singh countered: Natural eyewitnesses (family) credible, corroborated by forensics (sulphuric acid on clothes/carpet), prompt medicals. Delay explained—victims shuttled Amargarh PHC → Pratapgarh DH → SRN Allahabad. Interested? But reliable, per Masalti v. State of UP AIR 1965 SC 202.
Dissecting the Evidence: Torchlight Truth Prevails
The Bench meticulously dismantled defenses.
Delay?
"Prioritizing the treatment of the seriously injured persons was... juxtaposed with the timely lodging of the F.I.R."
Victims needed urgent care amid cascading referrals—humanity first. Echoing
Ravinder Kumar v. State of Punjab
(2001) 7 SCC 690 and
State of HP v. Gian Chand
(2001) 6 SCC 71, delay isn't fatal sans concoction proof.
Lawyer-drafted FIR?
A standout ruling:
"The F.I.R. being lodged with an advocate’s assistance does not by itself dilute the credibility... when legal aid is permissible at every step... how can there be an embargo on seeking assistance from a private Advocate?"
(Integrating reports on this novel observation.) Illiterate rustic Dinesh needed help—FIR no encyclopedia, just ignition for probe.
Visibility/ID? Torchlight sufficed; prior acquaintance sealed recognition. Minor slips (village names) trivial— Birbal Nath v. State of Rajasthan (2024) 15 SCC 190. PW-1/PW-2 synced on essentials; PW-1's stick injury medically noted.
Cause of death? Postmortems (PWs 4/7) confirmed septicemia from >50% deep acid burns—acid proximate cause, not care gaps.
Motive/Witnesses? Harassment history clear; family "related, not interested." Faulty probe? No acquittal, per Edakkakandi Dineshan v. State of Kerala 2025 INSC 28.
Acid attacks? Supreme Court alarms ( Parivartan Kendra v. UOI (2016) 3 SCC 571; Suresh Chandra Jana v. State of WB (2017) 16 SCC 466) frame as gender violence scourge.
Key Observations
"Acid attacks in India predominantly target women... making it a form of gender-based violence."
"Providing of medical aid is and must be the step before lodging a F.I.R. in all such cases of acid attack..."
"The F.I.R. being lodged with an advocate’s assistance does not by itself dilute the credibility of the said F.I.R...."
"Lack of proper medication presupposes that medication was required... due to deep burn injuries."
"Minor discrepancies... should not be used to jettison the evidence in its entirety."
Measured Justice: Life Caged, But Door Cracks Open
Conviction under 304, 326A, 452 IPC stands—prosecution proved beyond doubt. But mercy beckons: No priors, 13+ years served (with remission), family ties. Citing V. Sriharan (2016) 7 SCC 1 and Shiva Kumar v. State of Karnataka (2023) 9 SCC 817, life → fixed 14 years RI (non-reducible below per 433A CrPC). Fines unchanged; release post-term if no other cases, benefit of 428 CrPC.
This tempers retribution with reform, signaling courts' evolving sentencing in heinous-yet-individual cases. Families mourn, but precedent warns: Acid attackers face no easy outs.