- (1.)THE appellant having been convicted for the offence under section 326 of I. P. C. and sentenced to R. I. for five years and to pay a fine of Rs. 500/- in default to suffer R. I. for month has filed this appeal challenging the order of conviction and sentence recorded by the Additional Sessions Judge, Pune in Sessions Case No. 113 of 1991 on 28th July, 1992.
(2.)THE brief facts, leading to the conviction of the appellant, are as follows: the appellant was charged for the offence under section 307 of I. P. C. alternatively under section 326 of I. P. C. for having thrown acid on his wife Vimla P. W. 1. They were residing at Adarsh Nagar, Pimpari, Pune. The appellant was addicted to liquor. Vimla had, therefore, handed over her ornaments to her brother. Consequently there was quarrel between husband and wife. On 30th March, 1990 at about 5 p. m. appellant came home and demanded money from Vimla for liquor which she did not give. He went out on a pretext to bring tea in a glass and came back with acid instead. As soon as she opened the door, appellant threw acid on her from the glass in his hand, as a result she sustained burn injuries on her chest and waist. She was rushed to the Jaimata Hospital, initially, from where she was referred to Sassoon Hospital, Pune. Dr. Sonawane P. W. 4, who examined her, noticed about 38% burn injuries on the person of Vimla. She was hospitalised from 30th March, 1990 to 20th August, 1990. After admission to the Sassoon Hospital, intimation was given to Pimpari Police Station. Police Head Constable Sawant arranged for recording her dying declaration by a Special Executive Magistrate, Shri Avad. Her statement was recorded by the Special Executive Magistrate. Police Head Constable Sawant P. W. 3 himself had already recorded her F. I. R. (Exhibit 7 ). The offence came to be registered under C. R. No. 15 of 1990. Police Head Constable Sawant P. W. 3 prepared the spot panchanama (Exhibit 14) in the presence of panchas. Police Head Constable Sawant also seized victims saree, petticoat and gunny bag which were found burnt. Further investigation was carried on by PSI Ghule P. W. 6. The appellant was absconding and could be arrested only on 30-11-1990 i. e. after a period of eight months. After completing the investigation, charge sheet was filed on 25-12-1990 in the Court of JMFC, Pimpari and the case was committed to Sessions Court, Pune.
(3.)BEFORE the Sessions Court, charges under section 307 of the I. P. C. and in the alternative under section 326 of I. P. C. were framed. The appellant pleaded not guilty and claimed to be tried.