1. - By judgment dated 28.6.2003 learned Additional Sessions Judge (Fast Track), Jodhpur convicted the accused appellant for commission of offences punishable under Sections 498-A, 302 and 307 Indian Penal Code. For the offences aforesaid the accused was sentenced as under:-

Section 498-A IPC: Three years rigorous imprisonment with a fine of Rs. 200/- and further to undergo seven days rigorous imprisonment in event of default in payment of fine;

Section 307 IPC: Ten years rigorous imprisonment with a fine of Rs. 500/- and further to undergo one month's rigorous imprisonment in event of default in payment of fine; and

Section 302 IPC: Life imprisonment with a fine of Rs. 2000/- and further to undergo three months rigorous imprisonment in event of default in payment of fine.

2. The case of the prosecution is that on 5.10.2002 statements of PW-3 Smt. Champa was recorded at Mahatma Gandhi Hospital, Jodhpur wherein she stated that at about ten years earlier she got married with Raju who was in habit of consuming liquor. She also stated that her husband Raju used to torture her and was always demanding money from her and her brother Harish. Raju was also in habit of beating his children. As per statements given, because of day to day quarrels she was mentally perturbed and left for her brother's home on 4.10.2002. On 5.10.2002 at about 03:00 AM her husband Raju came there and threw acid on her as well as on their daughters Puja and Hadbu.

3. On basis of the statements aforesaid a case was registered for commission of offences punishable under Sections 498-A and 324 IPC at Mahila Police Station, Jodhpur City. On 7.10.2002 daughter of Champa viz. Hadbu died, thus, investigation was also initiated for an offence punishable under Section 302 IPC.

4. After regular investigation charge sheet was filed, case was committed to the court of Sessions and charges were framed for the offences punishable under Sections 498-A, 302 and 307 IPC. On denial of the charges the accused appellant was tried.

5. The prosecution supported its case with the aid of 21 witnesses (PW-1 to PW-21), 31 documents (Ex.P/1 to Ex.P/31) and articles (Ex.A/1 to Ex.A/5). An opportunity was given to the accused to explain the circumstances available against him in the evidence wherein he either plead ignorance or denied whatever stated by the witnesses in evidence.

6. Learned trial court, after considering the entire material available on record, recorded conviction and while challenging the same, it is contended by learned amicus curiae Shri Kailash Trivedi that on objective appreciation of evidence a reasonable doubt exists in giving finding of guilty against the appellant. It is urged that as a matter of fact PW-3 Champa and PW-6 Raju who are termed as eye witnesses have not at all witnessed the incident as narrated by them.

7. We have considered the arguments advanced and also scrutinised the entire record.

8. PW-14 Dr. M.P.Joshi conducted autopsy on the body of deceased Hadbu aged about 9-10 months and proved the postmortem report Ex.P/18. As per Ex.P/18 the cause of death of baby Hadbu was shock due to extensive corrosive burns.

9. PW-15 Dr. N.S.Kothari examined the injuries received by baby Puja aged 6-7 years and Smt. Champa and, thus, proved the injury reports Ex.P/19 and Ex.P/21 respectively. As per injury report Ex.P/19, baby Puja had following injuries:-

(1) Corrosive acid burn (blakish with healing stage) over right face, forehead and part of left cheek.

(2) Corrosive acid burn (black) with healing and falling of scab right shoulder and arm 12.0 x 5.0 posteo centrally.

(3) Corrosive burn (acid) with healing and falling scab 8.0 x 5.0 right elbow and forearm posteo laterally.

(4) Corrosive acid burn on right knee 4.0 x 4.0 with streaking on leg.

Smt. Champa, as per Ex.P/21, had following seven injuries:-

(1) Corrosive acid burn (blackish colour with healing stage) over face including forehead and left ear.

(2) Corrosive acid burns, neck coorphs (antaor and postariorly)