Sunita Gupta, J.

“Envy is the desire to have what someone else has. Jealousy is the fear of losing what you have. The more insecure you are about yourself or your relationship, the more jealous you are, because you are afraid to lose your significant other to someone else.” - Oliver Markus

1. Present is a glaring example of another brutal inhuman attack with acid on a young girl of hardly 25 years of age, out of jealousy giving rise to the present appeals.

2. Simran @ Meena Khan (hereinafter referred to as “A-1”) and Raju @ Qayoom (hereinafter referred to as “A-2”) assails the judgment dated 15.01.2011 in Session Case No. 49/10 arising out of FIR No.1036/04 PS Lajpat Nagar by which appellants were held guilty of the offence punishable under Sections 326/120B of Indian Penal Code (hereinafter referred to as “IPC”). Appellants were absolved of the offence punishable under Section 307 IPC. Vide order on sentence dated 19.01.2011, they were sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 1 Lac; in default of payment of fine, they were directed to undergo simple imprisonment for 6 months. Further, it was directed that 80% of total fine i.e. Rs. 2,00,000/- be released to the victim as compensation for her welfare. The victim has also filed an appeal under Section 372 of Cr.P.C, praying for enhancement of the sentence under Section 326 of IPC being inadequate, grant of adequate compensation and other reliefs.

3. Since all the three appeals are arising out of a common judgment hence, all are taken up together for consideration and being disposed of by this common judgment.

4. The gravamen of the prosecution case, succinctly stated, is as follows:

4.1 Annu Mukherjee (hereinafter referred to as “victim”) a young girl aged 25 years, worked as a dancer in Rajdoot Hotel, Bhogal. A-1 also worked there as a dancer with other girls. About one month prior to the incident, a quarrel had taken place between victim and A-1 as latter was envious of the former as the former was more beautiful and was a good dancer. During that quarrel A-1 threatened her that if she quarreled with her she would get acid thrown at her and would get her killed.

4.2 According to prosecution on 19.12.2004, as usual victim left her house and boarded her regular autorickshaw at about 7 P.M. to attend the work at Rajdoot Hotel. According to her, A-2, brother of A-1 was already standing near the TSR covering himself with the shawl. As the auto driver started the vehicle. A-2 removed his shawl and threw acid on her head and face from a glass. On falling of that liquid (now proved to be Sulphuric Acid) she received severe burn injuries on her face. When she cried out due to pain, first she was taken to Shahi Hospital then to Apollo Hospital and lastly to Safderjung Hospital.

4.3 While victim was under treatment at Apollo Hospital, on receipt of DD No.12 Ex.PW10/A from security supervisor Apollo Hospital regarding admission of Annu Mukherjee in injured condition due to acid attack, Ct. Balwant Singh (PW9) alongwith ASI Vedpal (PW15) reached Apollo Hospital and recorded the statement of injured (Ex PW1/A) which culminated in registration of First Information Report (Ex.PW13/A) against the accused persons for the offence punishable under Section 307 IPC, and investigation was taken up.

4.4 During the course of investigation, statement of TSR driver Parvez Alam was recorded. Footmat of TSR, Pant and shirt of Parvez Alam were seized. A-1 was arrested on 20.12.2004. At the instance of A-1, A-2 was arrested on 21.12.2004. Pursuant to his disclosure statement Ex.PW8/C, he got recovered one shawl, one jeans and pant from H.No.WZ-666 Padam Basti, Nangal Rai. He further got recovered a plastic bottle containing very little quantity of acid from garbage bin of gate no.2 near Esckon Temple, Garhi. On 07.01.2005, brother of injured produced a grey colour jerse