CRL. A. 140/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 25.11.2019

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CRL.A. 140/2016 & CRL.M.(BAIL) 1604/2019

RAMESH

..... Appellant

versus

STATE

..... Respondent

Advocates who appeared in this case:

For the Appellant:

Mr Dinesh Malik, Advocate (DHCLSC).

For the Respondent:

Ms. Kusum Dhalla, APP for State.

CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

JUDGMENT

VIBHU BAKHRU, J

1.

The appellant has filed the present appeal impugning a judgment

dated 15.12.2015 passed by ASJ, FTC, Shahdara, Karkardooma Courts,

whereby the appellant was convicted for the offence under Section

326A of the Indian Penal Code, 1860 (IPC) for throwing acid and

causing burn injuries to two persons. The appellant also impugns the

order on sentence dated 16.12.2015, whereby the appellant was

sentenced to ten years of rigorous imprisonment and was imposed a fine

of ₹35,000/-. In default of payment of fine, he was sentenced to undergo

rigorous imprisonment for a further period of six months.

CRL. A. 140/2016

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2.

The appellant contends that the Trial Court failed to appreciate

that there are contradictions in the testimonies of PW2 and PW4, which

raise doubts as to the case put forward by the prosecution and the benefit

of doubt ought to have been given to the appellant.

3.

The case of the prosecution is that on 09.04.2015, at about 09:12

PM, information was received at PS Nand Nagari, vide DD No. 84B

that tejab (acid) was thrown on a person at E-2, Block, H No. 31 Nand

Nagri, near Bharat Ghar. DD no. 84B was assigned to ASI Fateh Singh,

who came at the spot with Ct Amit. On reaching the spot, they came to

know that the injured Ravi Shankar and Mool Chand were taken to GTB

Hospital in the PCR van. After deputing Ct Amit at the spot, ASI Fateh

Singh went to GTB Hospital where he collected the MLCs of Mool

Chand and Ravi Shankar. The statements of Mool Chand and Ravi

Shankar were recorded.

4.

The statement of Ravi Shankar was recorded under Section 161

of the CrPC, 1973, wherein he stated that he was a priest in Shiv Mandir.

He stated that the appellant used to come to the temple in a drunken

condition, due to which he used to throw the appellant out of the temple.

This caused enmity between the two and the appellant used to threaten

him over the phone. On 09.04.2013, at about 9 PM, while he and his

neighbor were sitting and talking, appellant came with a container and

threw tejab on them, thereby causing burn injuries to him and Mool

Chand.

CRL. A. 140/2016

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5.

Thereafter, on the basis of the statement of Ravi Shankar, the FIR

was recorded. The spot was inspected by the Crime team. Exhibits were

lifted and sent to FSL Rohini for chemical examination. On 20.04.2013,

the appellant was arrested on the basis of a secret information and he

made a disclosure statement regarding the alleged incident. The doctors

opined that the injuries caused to Mool Chand and Ravi Shankar were

grievous in nature. FSL report was collected and a chargesheet was filed

against the appellant. Charges were framed against the appellant under

Sections 307 and 326A of the IPC, to which he pleaded not guilty.

6.

In order to prove its case, the prosecution examined seventeen

witnesses and the defense did not lead any evidence.

Evidence

7.

Sh. Ravi Shankar was examined as witness PW2 and he deposed

that he was a priest in Shiv Mandir, E-2 Block, Nand Nagar. During his

examination-in-chief, he identified the appellant as the person who had

committed the offence of throwing acid on him and Sh Moolchand.

PW2 stated that the appellant used to come to the temple in a drunken

condition and he used to stop him from doing the same. This led to

enmity between them and the appellant used to threaten him. On

09.04.2013, at about 9 PM, while he was sitting and talking to

Moolchand (r/o E-2/31 Nand Nagari), the appellant came there. He had

a container with him. He threw tejab (acid) on them from the said

container and ran away from the spot. PW2 and Mo