BABU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) 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.

(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.