Rang Nath Pandey, J. - (1.) Challenge in the appeal is to the Judgment and Order dated 23.09.2004 passed by the learned Additional Sessions Judge II, Rai Bareli in Session Trial No.266 of 2003 whereby the appellants have been convicted and sentenced them to undergo seven years' rigorous imprisonment with fine of Rs.3000/- under Sections 326/504 of the Indian Penal Code and in default of payment of fine, to further undergo six months' simple imprisonment; awarded one year's rigorous imprisonment with fine of Rs.500/- under Section 3(1)(X) of the S.C./S.T. Act and in default of payment of fine, to further undergo one year's simple imprisonment; and all the sentences to run concurrently.
(2.) In brief, the prosecution story is that complainant-Shrimati Vindeshwani Devi wife of Govind Chamar has given information to the Station Officer, Sareni of the fact that on 21.06.2001 the daughter of complainant namely Ms. Anita was lying on the door along with her family, then at about 4.00 o'clock in the morning, Buddhilal Yadav son of Sri Gangaram Yadav resident of Pure Lal Sahab, Hamlet Nisgar, Police Station Sareni, who is the native of District Unnao and lives at the place of Lallan Yadav of village and from the past 12 years is continuously performing the job of driving the tractor, came carrying a bottle filled with acid, due to the old enmity, and threw the acid on the face of her daughter; she cried. Listening the cries of her, when Ravishankar Chamar and complainant came running, then said Buddhilal Yadav ran away after hurling abuses. The report of this incident, Exhibit Ka-1, was lodged in writing on 21.06.2001 in Police Station- Sareni, District- Raebareli. Thereafter on arrest of accused not being made and report of the incident not being lodged properly by the Police, on 26.06.2001, an application, Exhibit 3 Ka, was given to the Inspector General Of Police, Lucknow Zone by husband of the complainant Shrimati Vindeshwari namely Govind son of Bachai to the effect that Gaya Ratan alias Lallan, former Pradhan Umakant Shukla of his village are the persons of criminal mindset. These people often do all kinds of unwanted activities in the area. Gaya Ratan has kept an unknown person named Buddhilal in his house for 6-7 years and gets all the illegal acts executed by him. In last April, Buddhi had forcefully entered into the house of his younger brother, who was beaten in the house, thereafter Police also challaned him. He was a witness in it. Due to this reason, Umakant and Gaya Ratan started having enmity with him and Umakant Shukla and Gaya Ratan had threatened in the Police Station itself that they would not leave him alive. In the night, Umakant and Gaya Ratan used to sit in front of his house, at the place of Shukru and were having a bad eye on his daughter Anita. The marriage of Anita was fixed for the 30th day of that month itself. On 20th June he had left the house for the purpose of giving invitations. On 21st June at 4:00 am, these people entered his house and threw acid on his daughter who was asleep, because of which, she sustained burn injuries on mouth, eyes and neck, the treatment of which is going on in the Emergency Ward of District Hospital- Raebareli. The drops of acids have also fallen on the face of one boy Ranjeet- her younger brother, sleeping alongside. But the police didn't make the arrest of anyone. Umakant and Gaya Ratan has made Buddhi Lal run away somewhere and are threatening him that they have already ruined the life of his daughter and now his life is in danger. On 24.06.2001, Umakant armed with gun and Gaya Ratan came to his door at around 8 o'clock in the night and they said abusively that "sale chamar tumhe jan se khatam kar denge" (that chamar we will kill you). If you told anything against him to the Police, we have already ruined the life of your daughter, now we will ruin her also. Because of the fear of these people, his wife had not named them in the incident of acid attack whereas the reality is that these are the people who have thrown acid on his daughter.
(3.) On this application of Govind son of Bachai which he had given to Inspector General of Police, Lucknow Zone, the S.P., Raebareli was directed to take further action after getting the case independently and speedily investigated and along with this application itself, inquiry and investigation were carried out. Investigation was carried out against accused persons Buddhilal, Umakant, Gaya Ratan @ Lallan and the statements of witnesses were recorded. The medical examination of Ms. Anita was got conducted in District Hospital, Raebareli. Site-plan of the place of occurrence was prepared, charge-sheet under Sections 326, 504 of the Indian Penal Code and Section 3(1)(x) of the S.C./S.T. Act was filed against accused Buddhilal and charge-sheet under Section 326, 504 of the Indian Penal Code and Section 3(1)(x) of the S.C./S.T. Act was separately filed against the accused Ratan @ Lallan and Umakant Shukla in the court.;