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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Langar Bhagat, son of Late Abhichand Bhagat – Appellant
Versus
State of Bihar – Respondent
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 2nd 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
Acid attack conviction under IPC §§304, 326A upheld on eyewitness testimony despite FIR delay and minor discrepancies; life sentence reduced to 14 years fixed term balancing retribution, time served,....
The prosecution must prove intent and circumstances for a conviction under Section 307 IPC; otherwise, the accused benefit from reasonable doubt.
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.
The prosecution must prove guilt beyond reasonable doubt; mere testimony of the victim is insufficient without corroboration.
The prosecution must prove its case beyond reasonable doubt, and the benefit of doubt goes in favor of the accused when the evidence is inconsistent and unreliable.
Prosecution must prove intention to commit murder for conviction under attempted murder; mere infliction of injury is insufficient without establishing a clear intent.
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