Subhash Chand,J. - (1.) The instant Criminal Appeal is against the judgment and order dated 30.3.2019 in Sessions Trial No. 104 of 2015 (State vs. Narendra Prasad) arising out of Case Crime No. 1426 of 2014 under sections 326-A,504 and 506 of IPC, P.S. Gauri Bazar, District Deoria passed by IV Additional Sessions Judge (Essential Commodities Act) Deoria whereby the accused Narendra Prasad was held guilty and was punished for the offence under Sections 326-A of IPC with rigorous imprisonment of 10 years and a fine of Rs. 20,000/- in default of payment of fine, the additional rigorous imprisonment of 4 months was to be undergone; for the offence under section 504 of IPC was punished with rigorous imprisonment of one year and fine of Rs. 500/- in default of payment of fine, 10 days additional imprisonment was to be undergone; and for the offence under section 506 of IPC was punished with rigorous imprisonment of one year and fine of Rs. 500/- in default of payment of fine, 10 days additional imprisonment was to be undergone. All these sentences were directed to run concurrently and the amount of Rs. 15,000/- out of the imposed amount of fine was to be paid to the victim.
(2.) The brief facts of the prosecution case are that the informant Smt. Neeraj Devi moved a written information with the police station concerned with these allegations that she was married with Narendra Prasad resident of village Patharhat, District Deoria four years ago. At present she had been residing at the parental house Village Chariaon Bujurg, P.S. Gauriganj, District Deoria. Her husband Narendra Prasad had thrown acid on her body and face on 22.10.2014 at 10, O clock of night while she was asleep whereby she was bitterly scorched. After having thrown acid on her and hurling filthy abuses her husband fled away extending life threat. Her husband had not permitted her to reside in the matrimonial house and had also criminally intimidated to her and her children. She was rushed to the hospital for treatment. After getting some relief this report was given to the police station concerned. It was written by Sanjay Kumar, son of Chandra Bhan, resident of village Chariaon Bujurg, P.S. Gauriganj, District Deoria and same was singed by the informant Smt. Neeraj Devi. On this written information Case Crime No. 247 of 2014 was registered against Narendra Prasad under sections 326-A, 504 and 506 of IPC with the Police Station Gauriganj, District Deoria on 26.10.2014.The Investing Officer after having concluded investigation filed charge sheet against the accused Narendra Prasad to the court of Chief Judicial Magistrate, Deoria, who took cognizance on the charge sheet and committed the same for trial to the court of Sessions.
(3.) The trial court framed the charge against the accused Narendra Prasad under sections 326-A, 504 and 506 of IPC. The charge was read over and explained to the accused who denied the charge and claimed to be tried.;