CRL. A. 283 of 2017

Page 1 of 17

IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 12.11.2020

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CRL.A. 283/2017

JAGDISH

.....Appellant

Versus

STATE (NCT OF DELHI)

..... Respondent

Advocates who appeared in this case:

For the Appellant

: Mr. Kanhaiya Singhal, Advocate.

For the Respondent

: Mr. Amit Gupta, 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 16.09.2016, passed by the Special Judge-2, NDPS Act

(Central District), Tis Hazari Courts, whereby the appellant was

convicted for committing the offences punishable under Sections

326A and 326B of the Indian Penal Code, 1860 (hereinafter „IPC‟).

2.

The appellant also seeks to challenge an order on sentence dated

17.09.2016, whereby he was sentenced to undergo rigorous

imprisonment for a period of ten years along with a fine of ₹10,000

for committing the offence punishable under Section 326A of the IPC

digitally signed

by:DUSHYANT

RAWAL

Signature Not Verified

CRL. A. 283 of 2017

Page 2 of 17

and in default of payment of fine, to undergo simple imprisonment for

a further period of one month. The appellant was also sentenced to

undergo rigorous imprisonment for a period of five years along with a

fine of ₹10,000 for committing the offence punishable under Section

326B of the IPC and in default of payment of fine, to undergo simple

imprisonment for a further period of one month. Both sentences were

directed to run concurrently.

3.

The case of the prosecution is that on 09.09.2014, at about

06:45 a.m., in front of Street no. 42, Beadon Pura, Karol Bagh, New

Delhi, the accused (the appellant herein) threw acid, which he was

carrying in a bottle wrapped with newspaper, on his wife (Smt.

Bimla). At the material time, she was accompanied by her sister-in-

law (bhabhi), who was carrying her minor son (Sunny) aged about

three years, in her arms. The acid also fell on Sunny and he suffered

acid burns. Smt. Bimla suffered grievous hurt, while Sunny suffered

simple injuries. The offence was committed when the petitioner‟s wife

and her sister-in-law were returning from a public lavatory (sulabh

sauchalaya).

4.

Information regarding the injured Bimla who was admitted at

Lady Hardinge Hospital with acid burn injuries (MLC No. 47598/14)

and a child named Sunny who was admitted at Kalawati Saran

Children‟s Hospital (MLC No. 192/14) was received at PS Karol

Bagh, at about 8.15 am, on 09.09.2014. The said information was

entered as DD No. 8A. The same was marked to SI Naresh Kumar. He

along with Ct. Anand Kumar reached Lady Hardinge Medical College

digitally signed

by:DUSHYANT

RAWAL

Signature Not Verified

CRL. A. 283 of 2017

Page 3 of 17

and recorded the statement of the injured Bimla (Ex PW2/A). He sent

the rukka through Ct. Anand to the police station on the basis of which

the FIR in question (FIR no. 623/14, under Sections 326A and 326B

of the IPC) was registered with PS Karol Bagh. According to the

prosecution, the accused ran away after the incident. Efforts were

made to locate him but he could not be found. He was arrested on

28.09.2015 by SI Rajpal when he was produced near Liquor Vend,

Ravi Raj Chowk, Karol Bagh, by his father-in-law Sh. Cheeku and

brother-in-law Sh. Praveen.

5.

The accused was charged with offences punishable under

Sections 326A and 326B of the IPC. He pleaded not guilty and the

matter was set down for trial. During the course of the trial, the

prosecution examined twelve witnesses. The defence did not lead any

evidence.

Evidence

6.

W/SI Suman, PS Karol Bagh, was examined as PW1. She stated

that on 09.09.2014, she was working as a Duty Officer from 08:00

a.m. to 04:00 p.m. At about 08:15 a.m., she received telephonic

information from Lady Hardinge Hospital regarding burn injuries

suffered by a lady Bimla and a child who had been admitted to the

hospital by her brother Pr