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2017 Supreme(All) 661

ALLAHABAD HIGH COURT
BEFORE : P.K.S. BAGHEL, J.
MANOJ KUMAR ....Appellant
Versus
STATE OF U.P. ....Opposite Party
(Criminal Appeal No. 4721 of 2010, decided on 23rd May, 2017)

Advocates:
Counsel :
Anil Kumar Aditya, Ajay Kumar Pathak, Avanish Kr. Shukla, Gaurav Kakkar, Manish Tiwary, Mithilesh Kr. Shukla, Prakash Chandra Srivastava, Lav Srivastava and V.P. Srivastava for the Appellant; A.G.A. for the Opposite Party.

Headnote:(Indian) Penal Code, 1860—Sections 307, 326 and 506—Acid attack—Conviction—Both victims have narrated entire incident in detail—And, statement of two injured witnesses alone has proved charges—Victims are also entitled to compensation—However, accused has no criminal history—Ends of justice would be subserved, if accused is awarded punishment already undergone.

       Appeal Partly Allowed.

       

JUDGMENT :

1. This is an appeal in which two unmarried sisters are victims of acid attack. The accused-appellant has preferred this criminal appeal against the judgment and order dated 07.07.2010, passed by Sri Nalin Kant Tyagi (HJS) Aditional District & Sessions Judge, F.T.C.-II, Hathras, in Sessions Trial No. 326 of 2007 (State vs. Manoj), registered as Case Crime No. 90 of 2006 under Sections 326, 307 and 506 I.P.C., Police Station Hathras Junction, District Hathras, whereby the accused-appellant has convicted and sentenced to undergo rigorous imprisonment for seven years under Section 307 I.P.C. along with a fine of Rs. 2,000/-. He was found guilty under Section 326 I.P.C. and was sentenced for 10 years rigorous imprisonment along with fine of Rs. 2,000/- as fine and under Section 506 I.P.C., he was further sentenced for 6 months' rigorous imprisonment and Rs. 1,000/- as fine. It was directed that all the sentences will run concurrently and in case the total fine of Rs. 5,000/- is not deposited, the accused will further undergo six months' additional imprisonment.

2. The version of the prosecution as noticed by the trial court is that; two victims of acid attack namely Anita and Rekha Rani are real sisters. At the time of incident, they were aged about 20 years and 19 years respectively. On 18.05.2006 at about 04:30 A.M., Anita and Rekha Rani were sleeping in front of their house which is appurtenant land adjacent to the public path. Their father Kehar Singh wake up them, thereafter he went to feed his cattle which was his daily routine. But the victims remained in their bed. After some time, the accused Manoj who is their next door neighbour came near the cot on which both the girls were sleeping, he pulled the sheet by which they had covered their bodies and he splashed a liquid (acid) on their faces. He was carrying acid in plastic container. After the incident, he fled from the spot.

3. On falling of that liquid, Anita received severe burn injuries on her face, eyes, neck, chest, hands and legs. She also received burn on her clothes. Her sister Rekha Rani also who was sleeping beside her, at the same cot, also received injuries.

4. When Anita cried out to call upon her father, their neighbours namely Arvind Singh, Vasudeo Singh, Smt. Sunita, Chandra Pal Singh who were going to attend the call of nature, seen the accused Manoj while fleeing from the spot. Kehar Singh took the girls to the police station and lodged the first information report at Police Station Hathras Junction.

5. The injured Anita and Rekha Rani were sent to the Bagala Civil Hospital, Hathras by the medical officer at 06:20 and 06:35 in the morning. Anita has received severe burn injuries of first and second degrees at her face, neck, chest, both arms and legs. She had also received burn injuries in her eyes, hence, she was referred to eye specialist. Injuries received by Rekha Rani were also of first and second degree at her face, neck chest, stomach, both the eyes, arms and legs and in the above the knee, near the pelvic area.

6. Anita was referred to S.N. Medical College, Agra and her eyes were also found severely burn. There was injury in her cornea and eyes membrane was also affected. Later, they received their treatment at Prem Raghu Hospital, Agra Road.

7. Somveer Singh, Sub Inspector Police was entrusted the investigation who recovered a plastic container in which the accused had carried acid and he also recovered an acid container from the house of accused. Some other objects were also made exhibit by him.

8. On completion of the investigation, charge sheet was sent to the court of learned Magistrate. The learned Magistrate framed charges for the offences punishable under Sections 326, 307 and 506 I.P.C. against the appellant. The appellant pleaded not guilty and claimed trial.

9. The prosecution examined nine witnesses.

10. On committal of the case by the learned Magistrate on 25.05.2007, the learned Sessions Judge framed charges against the accused un











































































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