Judgment / Order

Judgement reserved on : : 20/09/2024

Judgement pronounced on : : 15/10/2024

This criminal appeal is directed against the judgement dated 29.03.1989 passed by learned Additional Sessions Judge, Jhalawar (for brevity-`the learned trial court') in Sessions Case No.19/87 whereby, while convicting the accused-appellant (for brevity-`the appellant') under Section 326 IPC, he has been sentenced as under:

"Section 326 IPC: 5 years rigorous imprisonment and Rs.2000 fine, in default whereof; six months rigorous imprisonment."

The relevant facts in brief are that on the parcha bayan (Ex.P1) of the injured Prakash Chand Chawadiya dated 21.9.1986, an FIR No.17/1986 (Ex.P14) came to be registered at Police Station Jhalawar against the appellant and co-accused persons namely; Abrar and Salim under Section 307/34 IPC. It was alleged in the FIR that on that very day at about 6 pm, when he was going from New Cloth Market to his home on a bicycle, in front of Narayan Hotel, the appellant threw acid upon him resulting into burn injuries. After investig