JUDGMENT - VISHNU SAHAI, J.:---Through this appeal, the appellant challenges the judgment and order dated 2-4-1994, passed by the Additional Sessions Judge, Pune, in Sessions Case No. 102/1993, whereby he has been convicted and sentenced in the manner stated hereinafter:---

(i) Under section 302 I.P.C. to undergo imprisonment of life and to pay a fine of Rs. 1,000/- i.d. to undergo 1 month R.I. ; and

(ii) Under section 326 I.P.C. to 5 years R.I. and to pay a fine of Rs. 2,000/- i.d. to undergo 3 months R.I.

The substantive sentences were directed to run concurrently.

2. In short, the prosecution case runs as under :---

The informant-victim Rashida Shaikh P.W. 1 was the second wife of Nazir Shaikh, real brother of the appellant. Nazir's first wife Niyamatbi was residing separately in Ganesh Peth, Pune. The appellant at the time of the incident, was working in Metal Works Factory which was located near the house of Niyamatbi. From a reading of the evidence, it appears that he was financing Niyamatbi.

From the evidence of the informant, it appears that periodically, the appellant used to take money from her to give to Niyamatbi. It appears that the informant stopped giving money to the appellant and this irked him.

The informant and her husband used to sell fruits at Paud Phata on a hand-cart, between 8 a.m. to 9 p.m. every day. On 1-12-1992, at about 10.30 a.m. the informant was selling fruits kept in her hand-cart at Paud Phata. At that time, her daughter Minazbi Nazir Shaikh aged 2½ years, was in her arms. The appellant holding a glass in his hand, came there and threw its contents on the informant saying it was wine and as a result of thereof, the informant sustained burns on the left side of her face, left hand and left breast and Minazbi was also burnt. (It is said that both the informant and Minazbi lost their eyesight, as a result of the appellant's act.)

On being burnt, the informant and Minazbi cried loudly. The informant's husband Nazir Shaikh who was present by her side, also received some burns on left side of his face.

Amongst others, this incident is alleged to have been seen by Chandrakant Datar, P.W. 4 and Suresh Pujari, P.W. 6.

It is alleged that after throwing the contents of the glass, the appellant tried to run away but he was apprehended near the place of the incident with the glass in his hands by police constable Balasaheb Chavan, P.W. 8.

3. The F.I.R. of the incident was lodged by the informant Rashida Shaikh the same day at police station, Kothrud. On its basis, C.R. No. 473 of 1992, under section 307 I.P.C. was registered at Kothrud Police Station.

4. The evidence is that the informant Rashida and her daughter Minazbi after the incident, were taken to Sasoon Hospital. There, they were medically examined. However, the doctor who had examined them, has not been produced in the instant case. The evidence is that Minazbi succumbed to her injuries on 27-12-1992, at home.

5. The investigation was conducted in the usual manner by P.I. N.L. Shinde, P.W. 9. His evidence is that P.W. 8 Balasaheb Chavan, produced the appellant along with a glass, containing 2 ounces of liquid, like acid. He poured the contents of the said glass into a small bottle, and prepared the recovery memo of the seizure. From the place of the incident, he seized 8 articles, including soil mixed with acid, a small piece of tile, one piece of blouse-sari and half burnt piece of small frock. He sent the seized articles to the Chemical Analyst.

After completing the investigation, he submitted a charge sheet against the appellant.

6. The post mortem examination on the corpse of Minazbi was conducted on 28-12-1992 by S.A. Sami Gulab Ali P.W. 7. Dr. Sami found superficial to deep burns about 20% over the face, neck, limbs, chest, abdomen, back and lower limbs of the deceased. He stated that there was a likelihood of the injuries suffered by the deceased of causing her death in view of the circumstance that she was aged about 2½ years.

In

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