Full Judgment
-(1)- Cr. Appeal No.1710/2004 HIGH COURT OF MADHYA PRADESH: JABALPUR Criminal Appeal No.1710/2004 Babu Singh Versus State of Madhya Pradesh PRESENT: Hon’ble Shri Justice R.S. JHA, J.----------------------------------------------------------------------------- Ms. Shweta Gupta, learned counsel for the appellant. Shri Yadvendra Dwivedi, learned panel lawyer for the State/respondent. ----------------------------------------------------------------------------- JUDGMENT
(04-04-2013) The appellant has filed this appeal being aggrieved by the judgment dated 1-10-2004 passed by the Additional Sessions Judge, Damoh in S.T. No.19/96 whereby the appellant Babu Singh has been found guilty of an offence punishable under Section 326 of the I.P.C. and has been sentenced to five years' R.I. with fine of Rs.10,000/- and in default of the same a further sentence of R.I. for two years.
2. The prosecution case is that the appellant alongwith several others accosted the victim Krishna Kant Tamrakar, poured acid upon him and assaulted him with deadly weapons on 9-10-1995. The report of the incident was lodged on the same day by Krishna Kant Tamrakar (PW-6) on the basis of which offences were registered and the criminal law was set in motion. -(2)- Cr. Appeal No.1710/2004 3. The Court below has extensively examined the oral and documentary evidence on record and while acquitting all other accused persons has found the prosecution case as far as pouring of the acid by the appellant on the victim Krishna Kant Tamrakar is concerned established and thereby imposed a sentence of R.I. for five years alongwith fine of Rs.10,000/- on the appellant/accused Babu Singh for offence punishable under Section 326 of the I.P.C.
4. On a perusal of the impugned judgment as well as the oral and documentary evidence on record it is clear that the court below has recorded its finding on the basis of the statements of the victim Krishna Kant Tamrakar (PW-6), Neelu (PW-7), Shri Ram (PW-8), Srikant Tamrakar (PW-13) and Musir alias Musirudeen (PW-14) as well as the statement of the doctor i.e. Dr. R.K.Rawat (PW-10). The court below has also scrutinized the medical report wherein it is clearly stated that the accused Krishna Kant Tamrakar has suffered burn injuries on his face, ears and hand on account of pouring of acid by the appellant/accused.
5. The analysis of the evidence made by the court below by placing reliance on a decision rendered by the Supreme Court in the cases of Swaran Singh v. State of Punjab, 2001 SCC (Cri) 190, Krishna Mochi and others v. State of Bihar, 2002 SCC (Cri) 1220 and Shakila Abdul Gaffar Khan (Smt.) v. Vasant Raghunath Dhoble and another, 2003 SCC (Cri) 1918 is in accordance with law and does not suffer from any -(3)- Cr. Appeal No.1710/2004 material irregularity or apparent illegality warranting interference by this court.
6. On an analysis and scrutiny of the witnesses as stated above and the medical report the commission of the offence by the appellant is established. In the circumstances, I find no substance in the appeal or reason to interfere in the impugned judgment. The appeal being meritless is accordingly dismissed. (R.S. Jha) Judge mct