I. P. Singh, J. - (1.) HABIB Ullah, convict appellant, has preferred this appeal against the judgment and order of Sri D. N. Shukla, Additional Sessions Judge, Banda, dated 11-8-1977, convicting the appellant under sections 302 and 307, IPC and sentencing him to imprisonment for life and seven years (the Sessions Judge, by mistake omitted to mention whether this sentence of seven years would be simple or rigorous). Both the sentences were ordered to run concurrently.
(2.) THE prosecution case is that Mohammad Razi alias Dadua complainant, the deceased, was a notorious person against whom the police had started a case under section 110, CrPC on the basis of police report dated 1-3-1973. He was said to be forcibly realizing money from the local shop-keepers. Mohammad Razi alias Dadua was one of the local shop keepers running a vegetable shop just as Habib Ullah appellant was also running a vegetable shop. The prosecution further case is that in the right between 23rd and 24th June, 1973, the deceased and his wife Smt. Mahjabin PW 1 were sleeping on separate cots in front of their shop on Badosa Road. At about 1.30 a. m. the appellant accompanied by four other axused (out of whom Shakir had died before the trial while the remaining three were acquitted by the learned Sessions Judge) came there and threw sulphurie and on both the deceased and his wife. According to the prosecution, an electric bulb fitted to the electric pole situate close to the shop of the deceased was on, and, when both the victims were awakened as a result of the sulphuric acid thrown on them, they were able to see the five miscreants running away. Since they were known to them, they were recognized by them. The first information report of this incident was lodged by the deceased himself at Police Station Atarra within district Banda two Km. away at 2.00 a. m. Both the injured were medically examined by Dr. P. N. Singh, M. O., District Hospital, Banda, on 24-6-1973 between 4.30 a, m. and 4.45 a. m. According to their injury reports both of them had received extensive burns of second degree on various parts of their bodies. Since the burns of their eyes would be relevant for the purpose of the appeal, we would make special mention about them. Mohammad Razi alias Dadua complainant (deceased) had two second degree burns on the entire face so much so that the eye lids were burnt and the eye balls were shrunken. There was photophobia present so much so that the patient did not permit the doctor to have full examination of the eyes. However, the eyes of Smt. Mahjabin had escaped unhurt. It may also be noted that Mohammad Razi alias Dadua had subsequently died of the said injuries and his post-mortem examination report given by Dr. Vinay Maitin, Medical Officer, Moti Lal Nehru Hospital, Allahabad, dated 13-7-1973, confirms that the eyes of the deceased were burnt apart from the various other parts of his body. The cause of death was reported to be shock on account of the said burns.
(3.) THE appellant had denied having committed this crime and alleged that he was falsely implicated in this case on account of enmity. THE defence did not even lead any evidence in defence. The prosecution examined, in all four witnesses including Smt. Mahjabin PW 1 and Lassad PW 2 who was reported in the first information report to have reached the spot and witnessed the occurrence. Smt. Mahjabin PW 1 was declared hostile by the prosecution and was subjected to cross-examination by the prosecution. After assessing the evidence on record, the learned Sessions Judge convicted and sentenced the appellant, as above while acquitted the others. All the accused including the appellant standing their trial before the learned Sessions Judge were, however, acquitted of the charge under section 147 IPC.;