The main legal point established in the judgment is the reliance on consistent testimonies, medical evidence, and the appellant's inconsistent defense to support the conviction under Section 326 IPC.

S.P. Garg, J.

1. Suraj (the appellant) impugns a judgment dated 17.02.2011 of learned Additional Sessions Judge in case FIR No.277/09 registered at Police Station H.N. Din by which he was convicted under Section 326 IPC. By an order on sentence dated 19.02.2011, he was awarded RI for five years with fine Rs.10,000/-.

2. Prosecution case, as revealed in the charge-sheet, was that on 04.07.2009 at about 06.30 p.m. in front of House No.210, Near Qureshi Masjid, Basti Hazrat Nizamuddin, the appellant-Suraj voluntarily caused dangerous injuries to Sobha Rani, Prem Wati, Ritu and Thakur Singh by throwing acid on them with an intention to commit murder. The victims were medically examined. The Investigating Officer lodged First Information Report after recording complainant-Ritu’s statement (Ex.PW- 1/A). Statements of witnesses conversant with the facts were recorded. After completion of investigation, a charge-sheet was filed under Section 307 IPC against the accused; he was duly charged; and brought to trial. The prosecution examined ten witnesses to establish appellant’s involvement in the crime. In 313 statement, the appellant pleaded false implication and came up with the plea that acid was thrown by him after he was inflicted injuries on head by a lathi by his sister-in-law-Sobha Rani. He did not examine any defence witness. The trial resulted in his conviction under Section 326 IPC. It is significant to note that the State did not challenge his acquittal under Section 307 IPC.

3. I have heard the learned counsel for the parties and examined the file. Appellant’s counsel urged that the injuries inflicted to the victims were the result of grave provocation when Suraj was hit/inflicted injuries by a lathi on his head. No cross-case was registered against the assailants. The victims are his close relations and intended to grab his property. They have succeeded in grabbing one jhuggi after his detention in jail. Prayer was made to modify the sentence order as the appellant was not involved in any criminal case and has suffered custody for about more than a year. He is unmarried and none else is there to look after his property/jhuggi. Learned Additional Public Prosecutor urged that the prosecution witnesses have categorically deposed that acid was thrown at them intentionally and voluntarily by the appellant without any provocation.

4. The occurrence took place at around 06.30 p.m. The victims Sobha Rani, Prem Wati, Ritu and Thakur Singh had sustained burn injuries due to throwing of acid and were medically examined vide MLC’s (Ex.PW-8/A, Ex.PW-8/B, Ex.PW-8/C and Ex.PW-8/D respectively) at Safdarjung hospital. The MLCs record their arrival time at 09.30 p.m. PW-8 (Dr. Monisha) medically examined the victims and opined the nature of injuries sustained by them as ‘dangerous caused by acid’. Daily Dairy (DD) No.56B about the occurrence was recorded at 06.48 p.m. The investigation was marked to ASI Narender who with HC B.D. Niwas went to the spot. Rukka (Ex.PW-10/A) was sent for registering the FIR at 11.30 p.m. after recording statement (Ex.PW-1/A). Apparently, there was no inordinate delay in lodging the FIR. In the complaint, Ritu (PW-1) described the incident in detail and disclosed as to how and under what circumstances Suraj threw acid on her and her mother-Sobha Rani. When her aunt Prem Wati and brother Thakur intervened, Suraj also threw acid on them. While appearing as PW-1, Ritu proved the version given to the police without major variations. She deposed that on 04.07.2009 at about 06.30 p.m. when she and her mother were present in the house, the accused-Suraj came and started abusing them. When her mother objected to that, the accused threatened to deface her. Thereafter, accused-Suraj went inside his house, brought a bottle filled with acid and threw it on her mother’s breast. He also threw acid on her which caused burn injuries on her right side face, both the shoulders and also the front upper portion of chest. Wh