JUDGMENT :

[Nalin Kumar Srivastava, J.]

1. Heard Sri Rajiv Lochan Shukla, learned counsel for the appellant and Sri Amit Sinha, learned A.G.A. for the State.

2. The Court of Additional Sessions Judge, Court No.4, Jaunpur convicted the appellant Vimal Kumar Maurya under Section 326-A IPC in Sessions Trial No.507 of 2013 arising out of Crime No.846 of 2013, Police Station Badlapur, District Jaunpur and sentenced him for life imprisonment and fine of Rs.1 lakh with default sentence vide judgment and order dated 22.09.2014, feeling aggrieved of which the present criminal appeal has been filed.

3. The prosecution case, in brief, is as under.

On 07.11.2013 at about 12:00 at night when the informant and her family members were sleeping in their house and injured Champa Devi, the mother-in-law and Madhuri, the sister-in-law (nand) of the informant were also sleeping in a room situated in the Usahra (baramda) in front of the window, some unknown person threw acid (tejab) from the window and caused grievous hurt and deformity on their faces. The injured ladies were taken to Government Hospital, but they were referred to Janpur and subsequently to Varanasi for further treatment.

4. First information report was lodged on the basis of written report of the informant on 08.11.2013 at 6:20 A.M. and investigation started in pursuance of the said first information report.

5. The investigating officer recorded the statement of the injured witnesses, informant and other witnesses, inspected the place of occurrence and prepared site plan. He also seized acid burnt pillow, towel, dupatta and lantern from the place of occurrence and memo was prepared. During investigation, the name of present convict-appellant Vimal Kumar Maurya came into light and he was arrested by the police. Two other accused persons Sonu @ Santosh Kumar and Ved Prakash Yadav were also arrested, but subsequently final report was submitted in their favour. On the pointing out of present convict-appellant, the investigating officer also seized the pieces of bottle wherein acid was kept, the rest of the acid and acid stained soil and also a tube of gum and seizure memos were prepared. One steel glass was also recovered on the pointing out of the convict-appellant. Photographs of the injured Madhuri and mobile phone of the accused alongwith other mobile phones given by the accused to the victim were also recovered and seizure memos were prepared.

6. After completing the investigation, charge-sheet was submitted against the present convict-appellant.

7. The matter, being exclusively triable by the Sessions Court, was committed to the Court of Sessions for trial.

8. Charge under Section 326-A IPC was framed on 06.11.2014. The convict-appellant pleaded not guilty and claimed to be tried.

9. To bring home the charge, the prosecution relied upon the oral as well as documentary evidence.

10. In oral evidence, P.W.1 Suman Devi, the informant, P.W.2 Madhuri, the injured, P.W.3 Champa Devi, the injured, P.W.4 Dr. Ratnesh Dwivedi, P.W.5 Prakash Chand Rao, Chief Pharmacist, P.W.6 Dr. Saif Hussain Khan, P.W.7 Samar Bahadur Yadav, the scribe, P.W.8 Dr. Mohd. Rafeeq, P.W.9 S.I. Acchey Lal, the investigating officer and P.W.10 H.M. Amar Nath Kushwaha, scribe of first information report were examined.

11. In documentary evidence, written report Ex.Ka.-1, Medical Certificates Ex.Ka.-2 and Ka.-3, B.H.T. of injured Madhuri Ex.Ka.-4, Injury Report of injured Madhuri Ex.Ka.-5, Site Plan Ex.Ka.-6, Seizure Memo of Pillow, Towel and Dupatta Ex.Ka.-7, Seizure Memo of Lantern Ex.Ka.-8, Seizure Memo of Pieces of Acid Bottle & acid stained Soil Ex.Ka.-9, Seizure Memo of Gum Tube Ex.Ka.-10, Seizure Memo of Steel Glass Ex.Ka.-11, Seizure Memo of Mobile Phone Ex.Ka.-12 & 13, Seizure Memo of Four Photographs of injured Madhuri Ex.Ka.-14, Charge-sheet Ex.Ka.-15, Chik F.I.R. Ex.Ka.-16 and G.D. Ex.Ka.-17 have been proved.

12. On the basis of oral and documentary evidence and after hearing the parties at length and a