The reliability of an injured witness and sufficiency of medical evidence in establishing the commission of the offence.

JUDGMENT

Vibhu Bakhru, J. - The appellant has filed the present appeal impugning a judgment dated 16.09.2016, passed by the Special Judge-2, NDPS Act (Central District), Tis Hazari Courts, whereby the appellant was convicted for committing the offences punishable under Sections 326A and 326B of the Indian Penal Code, 1860 (hereinafter "IPC").

2. The appellant also seeks to challenge an order on sentence dated 17.09.2016, whereby he was sentenced to undergo rigorous imprisonment for a period of ten years along with a fine of Rs. 10,000 for committing the offence punishable under Section 326A of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month. The appellant was also sentenced to undergo rigorous imprisonment for a period of five years along with a fine of Rs. 10,000 for committing the offence punishable under Section 326B of the IPC and in default of payment of fine, to undergo simple imprisonment for a further period of one month. Both sentences were directed to run concurrently.

3. The case of the prosecution is that on 09.09.2014, at about 06:45 a.m., in front of Street no. 42, Beadon Pura, Karol Bagh, New Delhi, the accused (the appellant herein) threw acid, which he was carrying in a bottle wrapped with newspaper, on his wife (Smt. Bimla). At the material time, she was accompanied by her sister-inlaw (bhabhi), who was carrying her minor son (Sunny) aged about three years, in her arms. The acid also fell on Sunny and he suffered acid burns. Smt. Bimla suffered grievous hurt, while Sunny suffered simple injuries. The offence was committed when the petitioner''s wife and her sister-in-law were returning from a public lavatory (sulabh sauchalaya).

4. Information regarding the injured Bimla who was admitted at Lady Hardinge Hospital with acid burn injuries (MLC No. 47598/14) and a child named Sunny who was admitted at Kalawati Saran Children''s Hospital (MLC No. 192/14) was received at PS Karol Bagh, at about 8.15 am, on 09.09.2014. The said information was entered as DD No. 8A. The same was marked to SI Naresh Kumar. He along with Ct. Anand Kumar reached Lady Hardinge Medical College and recorded the statement of the injured Bimla (Ex PW2/A). He sent the rukka through Ct. Anand to the police station on the basis of which the FIR in question (FIR no. 623/14, under Sections 326A and 326B of the IPC) was registered with PS Karol Bagh. According to the prosecution, the accused ran away after the incident. Efforts were made to locate him but he could not be found. He was arrested on 28.09.2015 by SI Rajpal when he was produced near Liquor Vend, Ravi Raj Chowk, Karol Bagh, by his father-in-law Sh. Cheeku and brother-in-law Sh. Praveen.

5. The accused was charged with offences punishable under Sections 326A and 326B of the IPC. He pleaded not guilty and the matter was set down for trial. During the course of the trial, the prosecution examined twelve witnesses. The defence did not lead any evidence.

Evidence

6. W/Si Suman, PS Karol Bagh, was examined as PW1. She stated that on 09.09.2014, she was working as a Duty Officer from 08:00 a.m. to 04:00 p.m. At about 08:15 a.m., she received telephonic information from Lady Hardinge Hospital regarding burn injuries suffered by a lady Bimla and a child who had been admitted to the hospital by her brother Praveen. She entered the said information as DD No. 8A (Ex PW1/X) and handed over a copy of the same to SI Naresh. At about 09:50 a.m., Ct. Anand came to PS K. Gate along with the original rukka. She got FIR No. 623/14 registered. PW1 was not cross-examined.

7. Smt. Bimla, the wife of the accused (the appellant), was examined as PW2 on 11.03.2016. She stated that she married Jagdish four years ago. She stated that her husband is a drug addict and would even consume beer etc. and would beat her. She could not recall the date of the incident, however, she stated that it was two years ago and at the time, she was residing at her paternal