ORAL JUDGMENT :

This appeal has been preferred by the appellant/convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) challenging the judgment of conviction dated 10.01.2004 and order of sentence dated 13.01.2004 passed by learned 2^nd Additional Sessions Judge, Motihari, East Champaran in Sessions Trial No. 112/106 of 2003, whereby the concerned Trial Court has convicted the appellant/convict for the offence punishable under Section 307 of the Indian Penal Code (for short ‘IPC’) and he has been sentenced to undergo rigorous imprisonment for ten years and fine of Rs. 3,000/- and in default of payment of fine, further undergo rigorous imprisonment for six months for the offence punishable under Section 307 of the IPC.

2. The case of prosecution it appears through written information, as lodged by informant namely Kanti Devi/P.W. 5, that while she was sleeping in her house after having dinner alongwith her sister-in-law namely Krishna Kumari/P.W. 7, appellant/convict entered her room which was doorless and threw some water like substance on her face causing burning sensation, which also damaged her eyes and also caused injury on right arm of her sister-in- law/P.W. 7. It is further stated that before pouring said water like substance, which was in aluminum bowl in the hands of appellant/convict it was said by him “he is throwing acid on her face as she was not accepting his advancement”. It appears out of narration that immediately after throwing water like substance appellant/convict ran away from the spot and later on apprehended by villagers, who assaulted him. Informant stated that aforesaid assault was made with intention to kill and also to disfigure her face. Informant while supplying reason for the present occurrence stated that appellant/convict had illicit relations with her cousin mother- in-law namely Meera Devi and has also showed sexual advancement towards her on several occasion and for that even offered money. She was brought to hospital by her husband and sister-in-law/P.W. 7 at Mehsi Hospital, where her present statement was recorded by Sub-Inspector M.K.Singh.

3. On the basis of aforesaid fardbeyan, the police registered a case as Maheshi P.S. Case No. 60 of 2002 dated 16.06.2002 for the offence under Sections 324 and 307 of the IPC, where after the investigation, the police submitted charge-sheet on 30.06.2002.

4. The learned Jurisdictional Magistrate a perusal of record and materials collected during the course of investigation, took cognizance for the offences under Sections 324 and 307 of the IPC and committed case to the court of Sessions on 11.02.2003, for trial.

5. The learned trial court on the basis of materials collected during investigation, framed charge against the appellant/convict and other co-accused persons on 20.05.2003 for the offence under Sections 307 IPC, which he plead “not guilty” and claimed trial.

6. To substantiate its case, the prosecution has examined altogether nine witnesses. They are:-

7. Apart from the oral evidence, the prosecution has also relied upon following documents/exhibits in order to prove the charges:-

8. On the basis of evidence as surfaced during the trial, the learned trial court has examined the appellant/accused under Section 313 of the Code, where he completely denied his involvement by denying the incriminating eviden