JUDGMENT :

JOYMALYA BAGCHI, J.

1. Appellants have assailed judgment and order dated 29.04.2014 and 30.04.2014 passed by the learned Additional Sessions Judge, Fast Track Court-III, Krishnagar, Nadia in Sessions Trial No. V (February), 2012 arising out of Sessions Case No. 61(1) of 2012 convicting the appellants for commission of offence punishable under Sections 326/307/34 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years and to pay fine of Rs. 20,000/- each, in default, to suffer rigorous imprisonment one year each for the offence punishable under Section 326/34 of the Indian Penal Code and to suffer rigorous imprisonment for life for the offence punishable under Sections 307/34 of the Indian Penal Code 50% of the fine amount, if recovered, was directed to be paid to the victim.

2. Prosecution case as alleged against the appellants is as follows.

3. In the night between 20.07.2011 and 21.07.2011 the victim was sleeping with her mother in the verandah. At about 3.00 a.m. appellants threw acid on the victim resulting in severe acid burn injuries on her hands and lower part of the body from the waist. Victim cried out in pain. Her family members i.e. her brothers PWs. 6 and 7 saw the appellants run away from the spot. Victim was initially shifted to Dhubulia BPHC where she was treated by PW-4. Therefrom, she was taken to Saktinagar Hospital. On 28.07.2011 in view of seriousness of her injuries PW-5 referred her to NRS Medical College and Hospital for plastic surgery. PW-13 conducted the surgery of the victim at NRS Medical College and Hospital. She was admitted in the hospital for three months. Thereafter, she continued under the treatment of PW-13.

4. On 21.07.2011, her mother PW-1 lodged written complaint at police station against the appellants resulting in registration of Dhubulia P.S. Case No. 343 of 2011 dated 21.07.2011 under Sections 326/307/34 of the Indian Penal Code. In course of investigation, appellants were arrested and charge sheet was filed. Subsequently, supplementary charge sheets were filed enclosing CFSL report Charges were framed under Sections 326/34 and under Sections 307/34 of the Indian Penal Code. Appellants pleaded not guilty and claimed to be tried.

5. In conclusion of trial, trial Judge by the impugned judgment and order dated 29.04.2014 and 30.04.2014 convicted and sentenced the appellants, as aforesaid.

6. Mr. Sagar Saha, learned Advocate for the appellants submits that the motive of the crime has not been proved. PW-1 stated they had no enmity with the appellants. PW-2 was sleeping at the time of occurrence. Her identification of the appellants is doubtful. Identification by PWs. 6 and 7 is to be taken with a pinch of salt. Hence, prosecution case has not been proved.

7. Mr. Das with Mrs. Roy, learned Advocates for the State submit PW-2 is the injured witness. She saw the appellants in the light of the electric bulb in the verandah. She cried out in pain. Her brothers PWs. 6 and 7 rushed to the spot and saw the appellants running away. PWs. 4, 5 and 13 treated the victim. Their reports show the victim PW-2 suffered deep burn injuries and was under treatment for three months. Injuries were life threatening. Even during deposition the victim had not fully recovered and gave evidence while on a stretcher. Prosecution case is proved beyond doubt.

8. PW-2 is the injured witness. She deposed on the fateful night she was sleeping with her mother in the verandah. At 3.00 a.m. she felt burning sensation in her body. In the light of electric bulb in the verandah she saw the appellants. She cried out with pain. Her brothers and mother rushed to the verandah. She was taken to Dhubulia BPHC. Thereafter, she was taken to Saktinagar Hospital. From Saktinagar Hospital, she was shifted to NRS Medical College and Hospital for better treatment. At the time of deposition she had not fully recovered and gave evidence while lying on a stretcher. She was cross-examined but she remained un