CRL.A. 209/2020 & CRL.A. 365/2021

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 02^nd September, 2022

Pronounced on: 13^th October, 2022

+

CRL.A. 209/2020

HAKIM & ANR

..... Appellant

Represented by:

Mr. Mahabir Singh, Sr.

Adv. with Ms. Preeti

Singh and Ms. Veerenra

Kumar, Advocates.

versus

STATE (NCT OF DELHI)

..... Respondent

Represented by:

Mr. Prithu Garg, APP for

the State

+

CRL.A. 365/2021

GYANI

..... Appellant

Represented by:

Mr. Chirag Jamwal, Mr.

Ajay Kr. Upadhyay, Mr.

Shubham Chandel, Mr.

Roshan Kumar & Mr.

Rajan Tiwari, Advocates.

versus

STATE(NCT OF DELHI)

..... Respondent

Represented by:

Mr. Prithu Garg, APP for

the State

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

HON'BLE MR. JUSTICE ANISH DAYAL

2022:DHC:4223-DB

CRL.A. 209/2020 & CRL.A. 365/2021

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JUDGMENT

ANISH DAYAL, J.

1.

These appeals assail the impugned judgment dated 23^rd

December, 2019 of the learned Trial Court convicting all three

appellants for offence punishable under 326A/34 IPC and order

on sentence dated 29^th January, 2019 awarding each of the

appellants sentence as under:

(i)

Appellants Hakim and Umesh were sentenced to rigorous

imprisonment for life and a fine of Rs.1,00,000/- each, simple

imprisonment for a period of one year in default of payment of

fine.

(ii)

Appellant Gyani was sentenced to rigorous imprisonment for

ten years and a fine of Rs.50,000/-, simple imprisonment for a

period of six months in default of payment of fine.

The victim was held as entitled to compensation under Section

357 Cr.P.C. and out of total fine of Rs.2,50,000/-, an amount of

Rs.1,25,000/- was to be paid to the victim as compensation.

The Incident

2.

As per the case of the prosecution on 08^th June, 2014 at about

11:30 p.m., complainant Bablu came to PS Govind Nagar,

Mathura, U.P. and gave a written complaint. As per the

complaint at about 8:00 p.m. on that day, his wife Meera Devi

was returning to her house after a temple visit (“darshan” of

GalteshwarMahadev) and on the way back, near Govind Nagar

Railway crossing, the three appellants met her and threatened her.

2022:DHC:4223-DB

CRL.A. 209/2020 & CRL.A. 365/2021

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They told her that she will have to face the consequences of the

report which she had lodged earlier with the police. While

appellant Hakim and Gyani held Meera Devi, Umesh poured acid

over her and ran away. The victim started screaming in agony

and many persons gathered around. The complainant’s sister-in-

law (Bhabhi) Rajjo Devi, who was with her but 10-15 paces

behind her, took the victim and got her admitted to the

Government Hospital, Mathura where her condition was quite

serious. Based upon the complaint, FIR No.130/2014 was

registered and the investigation was carried out by SI P.K. Malik.

After visiting the hospital where the victim was admitted to the

burns ward, SI P.K. Malik along with Constable Vivek Kumar

came to the gate of the hospital, when a secret information was

received that appellant Umesh was present at Govardhan

Chauraha on Agra-Delhi Highway and was waiting for some

vehicle. Upon reaching the chauraha (cross-road), appellant

Umesh was arrested. On 11^th June, 2014, SI P.K. Malik recorded

the statement of the PW-6, sister-in-law Rajjo. Efforts were

made to arrest appellant Hakim (who was the father of Umesh)

and Gyani by raiding their houses but Hakim was not found at

home and the house of Gyani was found locked. Despite

subsequent raids, the accused Hakim and Gyani could not be

found, however, they surrendered subsequently on 15^th June,

2016. In the meantime, pursuant to inquiries with the family, the

police came to know that the victim had been shifted to

Bharatpur to another hospital and would be discharged after 3-4

days. On 9^th June, 2014, the statement of the victim was recorded

and on completion of the investigation, the IO filed the charge-

2022:DH