- (1.) D. P. S. Chauhan, J. Second Additional Munsif Magistrate, Haldwani by its order dated 3-4-1981 passed in Criminal Case No. 188 of 1980 convicted accused Raj Kumar and Bishan Swaroop under Sections 323, 452 and 326/34, I. P. C. and after hearing them on the question of sentence convicted accused Raj Kumar under Section 326, I. P. C. for three years' R. I. together with a fine of Rs. 5,000/- and in default of payment of fine, he was directed to undergo one year's R. I. Under Section 452, I. P. C. accused Raj Kumar was sentenced to six months' imprisonment together with a fine of Rs. 200/- and in default, he was required to undergo one month's imprisonment. No sentence was recorded under Section 232, I. P. C. as it was not considered necessary Accused Bishan Swaroop was sentence under Section 326, I. P. C. for three years' R. I. together with a fine of Rs. 1,000/-and in default of payment of fine, he was required to undergo two months' imprison ment. Further under Section 452, I. P. C. he was sentenced to two months' R. I. together with a fine of Rs. 500/ -. In default, he was required to undergo one month imprisonment. No sentence was impose under Section 323, I. P. C. Against this conviction and sentences both the accused preferred criminal appeal. Criminal Appeal preferred by Raj Kumar was numbered as Criminal Appeal No. 81 of 1981 and appeal preferred by Bishan Swar-poop was numbered as Criminal Appeal No. 90 of 1981. Both these appeals were decided by First Additional. Sessions Judge, Nainital by a common judgment dated 13th October, 1981. He dismissed both the appeals maintaining the conviction and sentences of the appellants.
(2.) THE present revision is the out come of the aforesaid conviction and sentence which is filed only by one accused Raj Kumar. The list was revised and after perusing the record the judgment was dictated, but before the same could be ready and signed, an application was moved by Sri A. N. Mulla, Advocate, for giving him an opportunity of being heard. The prayer was accepted Sri Mulla was heard on the question of sentence and also on the question of acc6rding benefit under U. P. Children Act, 1951. The application is on the record. Heard the Additional Public Prosecutor and I have gave through the record of the case. The prosecution case was that on 13-3-1980 at about 9 p. m. Shyam Lal, the complainant (P. W. I) and his wife Shashi Bala (P. W. 2) were sitting inside their house in town Khatina, District Nainital having doors opened. Accused, Raj Kumar, along with Bishan Swaroop entered their house and stated hurling abuses on them and they caught-hold of Shyam Lal, the complainant, and dragged him outside the house be labouring with fists and kicks and not only this, his wife Smt. Shashi Bala was also be laboured. Accused Raj Kumar picked up a tin from the corner of the street which contained corrosive substance (acid) and the same was poured on the complainant, Shyam Lal, and also on his wife who was caught hold of by Bishan Swaroop and thereafter the accused ran away. The occurrence was witnessed by Druga Prasad and Shanker. The complainant and his wife were medically examined by Dr. L. D. Khatri (P. W. 5) who found the follow ing injuries on the person Smt. Shashi Bala. "there were third degree of burns in the front of the abdomen, front of left leg, both hands, both forearms and second degree burns on the face and surface in between the fingers of both hands, yellowish brown staining present at various parts of the body around and about the burns. The brown area were not surrounded by any red lines of demaraction. Burns were almost uniform in character. Stains were not scorched. There was vesicle formation. Extent of the burns was about 20%. The injuries were fresh and were caused by some coercive substance. "
(3.) SHYAM Lal, complainant, was also examined by him and the following injuries were found on his body: "there were third degree burns on the right side of neck, right upper on and forearms, left upper arm and half of fore arms, right side of chest, right chest, upper back right side, right thigh and leg and second degree burns on the left leg and front of face. Right eye swollen and closed and called not opened. Yellowish brown staining was present, at various parts of body around and about the burns. The burn left area were not surrounded by any red line of demarcation. Burns were almost uniform in character. They were not scratched. There was vesicle formation present. Extent of the burns was about 30%. The injuries were fresh and were caused by some corrosive substance. " The report was lodged at Police Station Khatisa, on 13-3-1980 at about 22-35 hours.;