IMPORTANT POINT
Acid attack – Acid attacks not only cause damage to physical appearance of its victims but also cause immense psychological trauma – Delay in filing FIR alone cannot refute entire prosecution story.

JUDGMENT

Abdhesh Kumar Chaudhary, J.—Heard Shri R.P. Mishra, learned Counsel appearing for the appellant as well as Shri S.P. Singh, learned A.G.A. for the State and perused the materials available on record.

2. The present Criminal Appeal under Section 374(2) has been preferred by the appellant- Jagdamba Harijan, against the impugned Judgment and order dated 30.08.2018, passed by the Additional Sessions Judge-II, Court No.2, Pratapgarh, in Sessions Trial No. 08 of 2015 (State vs. Jagdamba Harijan), arising out of Case Crime No. 147 of 2014, relating to Police Station Aaspur Devsara, District Pratapgarh, whereby the appellant has been convicted under Sections 304, 326-A & 452 I.P.C. and sentenced under Sections 304 & 326-A I.P.C. for life imprisonment with fine of Rs.10,000/- and under Section 452 I.P.C. for rigorous imprisonment of 02 years with fine of Rs.5000/- and to further undergo six months’ additional imprisonment in case of default in payment of fine. However, the learned Trial Court has acquitted the appellant for the offence under Section 323 I.P.C.

Case of the Prosecution

3. The factual matrix leading up to the filing of the present Criminal Appeal is delineated herein-below:—

3.1) In the present case, with respect to an incident occurred in the intervening night of 07/08.05.2014 at about 2:00 AM, a written ‘tehrir’ (Exhibit-Ka-1) was filed at Police Station Aaspur Devsara, District Pratapgarh, by the informant/complainant Dinesh Verma, who is the son/ brother-in-law of the deceased. In the said tehrir, it was alleged that while the informant was sleeping in a thatched shed (chappar) in front of his house, he heard screams raised by his mother, (Phoolan Devi) and sister-in-law (Suman Devi). Upon rushing inside the house, he noticed that acid had been thrown on the faces and bodies of his mother and sister-in-law.

3.2) It was further stated by Dinesh Verma (P.W.-1) that in the light of torch, he saw the present appellant- Jagdamba Harijan, at the place of occurrence, holding a stick in his hand. Another person was also present beside him, whose identity could not be ascertained as his face was covered with a cloth. P.W.-1 further stated that he recognised the appellant, as he had earlier visited informant’s house on a couple of occasions and used to frequently visit the house of his sister-in-law, even prior to her marriage, a fact which came to the knowledge of the family only after the marriage. It was also alleged that the appellant had previously extended threats to kill the informant’s brother i.e. husband of Suman Devi. The informant further stated that when he attempted to chase the assailants on the said date of incident from the crime spot, they assaulted him with a stick and thereafter, fled from the spot on a motorcycle. It was also alleged that the father-in-law of the informant’s brother had been subjected to regular harassment by a neighbour belonging to the ‘Pasi’ caste.

3.3) On the basis of aforesaid written information/tehrir (Exhibit-ka1), a F.I.R./Case Crime No. 147 of 2014, under Sections 323, 326-A and 452 I.P.C. was registered on 09.05.2014 at 11:00 am, against the present appellant at Police Station Aaspur Devsara, District Pratapgarh and the investigation commenced.

3.4) The Appellant was arrested by the Police on 13.05.2014 and during investigation Suman Devi succumbed to burn injuries on 22.05.2014 and Phoolan Devi on 29.05.2014. Thus, after completion of the investigation, the Investigating Officer submitted the charge-sheet against the appellant under Sections 304, 323, 326-A and 452 I.P.C. The learned Trial Court framed charges under the aforesaid Sections, to which the appellant pleaded not guilty and claimed for Trial.

4. Proceedings before the Trial Court

4.1) During trial, in order to prove the charges against the appellant, the prosecution examined the following witnesses:-