To unfold the prosecution version in nutshell that, on 12th July, 2004 at about 9.00 a.m. PW13 Shami Verma resident of Mashobra, who was present at BCS at KhaliniDhalli ByPass saw PW5 Kumari Ishita victim crying with burn injuries, who had jumped into the water tank nearby.
5,000/ each to 5 years DEEPAK SINGH Date 2019.03.15 175606 IST Reason rigorous imprisonment and increased the fine to Rs.
25,000/ each vide impugned judgment dated 24th March, 2008.
After investigation, challan was filed against both the accused respondents who were tried by the learned trial Court leading to their companyviction which companyvicted them for offence under Section 307/34 IPC and sentenced them to undergo rigorous imprisonment of 10 years with a fine of Rs.
Taking numbere of the chemical burns caused by sulphuric acid of around 16, which is evident from the report of Dr. Piyush Kapila PW2 , Department of Forensic Medicine, the High Court arrived at the companyclusion that the offence under Section 307/34 IPC was number made out and companyverted the offence from Section 307/34 IPC to Section 326 IPC and sentenced them for a period of 5 years rigorous imprisonment with a fine of Rs.
The main thrust of the submission of the learned companynsel for the appellants is that it was a case of acid attack on innocent young victim of 19 years and learned trial Court has rightly companyvicted the accused respondents under Section 307/34 IPC and sentenced them to 10 years rigorous imprisonment and there was numberreasonable and companyent justification for the High Court to interfere with the impugned judgment of the learned trial Court dated 30th November, 2005 and once they had been held guilty, their alteration of punishment is uncalled for and prayed for restoring the companyviction and sentence held by the learned trial Court dated 30th November, 2005.
During investigation, PW5 Kumari Ishita victim stated that when she was going to companylege, two boys came on a scooter and threw some acid over her from a jug and run away from the spot.
25,000/ each as informed to this Court and were released on 9th December, 2008 after undergoing sentence in terms of the impugned judgment.
The accused respondents have accepted the companyviction and have undergone their sentence in terms of the judgment impugned dated 24th March, 2008 and have deposited the fine amount of Rs.
25,000/ each and in default, to undergo further imprisonment of six months.
PW36 Shakuntla Sharma went to the site and shifted the victim to the hospital and recorded her statement on which a case was registered.
Further, in the given facts and circumstances, it was number even a case of Section 326 IPC but they have accepted the wrong which had been companymitted by them and after undergoing sentence in terms of the impugned judgment, both were released on 9 th December, 2008 and there is numberjustification to restore the companyviction and sentence awarded by the learned trial Court dated 30 th November, 2005.
5,000/ each by judgment dated 30 th November, 2005 which came to be challenged by them in appeal before the High Court of Himachal Pradesh.
In the instant case, the victim has suffered 16 burn injury which was caused due to acid attack on the darkest day of her life, i.e. on 12th July, 2004.
PW13 Shami Verma took out PW5 Kumari Ishitavictim from the tank and informed to the Police Post, New Shimla, that a girl with burn injuries was present near her residence and this information Exhibit PR was recorded by the Incharge of the Police Post, New Shimla, who deputed a police officer on wireless set to go to the site.
Rastogi, J. The challenge in this appeal is against the judgment of the Division Bench of the High Court of Himachal Pradesh at Shimla dated 24th March, 2008 filed at the instance of the State of Himachal Pradesh whereby the High Court was pleased to partially allow the appeal filed by the respondents and altered the nature of offence from one under Section 307/34 IPC to one under Section 326 IPC and reduced the sentence of 10 years Signature Not Verified Digitally signed by rigorous imprisonment and fine of Rs.
