- (1.)This appeal has been preferred against the judgment dated 23rd March, 1993 passed by the Special Judge, Damoh in Special Case No.56/1992, convicting and sentencing the appellant as under with the direction that the custodial sentences shall run concurrently :
Convicted under Section Sentenced to 307 of the IPC undergo R.I. for life 324 of the IPC undergo R.I. for two years

(2.)The prosecution case, in short, may be stated as under :
(i) Both the complainant Durga Prasad (PW9) and the appellant are resident of village Wardha. At the relevant point of time, they were supporters of rival political group. As such, their relations were strained. Nearly a month before the incident in question, one Jaggobai, wife of Lotan Chamar, at the Police Station Madiyakhoh submitted an application alleging that the appellant had outraged her modesty by catching hold of her and Durga Prasad (PW9) made a corroborating statement. This further aggravated appellant's animosity towards him.

(ii) On 14.03.1992, Durga Prasad, desirous of becoming a Phad Munshi (temporary accountant) for collection of Tendu leaves by the forest department, had come to village Madiadeo to attend a meeting called by DFO. He was accompanied by Babulal (PW10), Motilal and Jagdish. The appellant also participated in the meeting. At about 2.30 p.m., when Durga Prasad along with his companions was waiting outside post office for bus for return journey, the appellant, carrying a bag came out of the nearby hotel run by Rajkumar. He, suddenly then, took out a steel tumbler containing acid and threw the corrosive substance on the face of Durga Prasad resulting into injuries not only to Durga Prasad but also to Shriram, Motilal, Ramlal, Rajkumar and Babulal who were sitting nearby. Durga Prasad lost his sight immediately after splashing of acid on his eyes. The appellant immediately fled away leaving the bag, tumbler and other articles on the spot.

(iii) Durga Prasad was immediately taken to the Police Station where, at his instance, the FIR (Ex.P-14) was scribed by ASI J.S. Bundela (PW11). Initially, he registered a case under Sections 307, 326 and 324 of the IPC and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the Act') against the appellant. Durga Prasad and other injured persons were sent to Public Health Centre, Madiadeo for medical examination. Dr. G.L.Jaiswal (PW7) found 2nd to 4th degree acid burn on various parts on the body of Durga Prasad. He immediately referred Durga Prasad to the District Hospital for further examination and treatment by the eye-specialist. Acid burn injuries were also noticed on the body of Motilal, Ramlal and Munnalal. The other Injured Babulal (PW10) was examined by Dr. S.K.Khatri (PW8) at District Hospital.

(iv) The investigating officer J.S.Bundela (PW11) inspected the spot and seized therefrom the articles allegedly left by the appellant viz. a bag, liquor bottle, gelatin envelop, one steel tumbler containing blackish fluid like acid, sponge-slippers tainted with acid, one bundle of bidi soaked with acid and a burnt matchbox. A lid of kupiya (vessel used for holding oil); a white bed sheet containing holes created by acid and one bag of urea fertilizer wet with acid were also seized from a nearby shop of Ghasiram (PW2) and Sitaram (PW3) respectively. The investigating officer also seized partly burnt clothes of all the injured persons. All the seized articles were sent to FSL, Sagar for chemical examination. The Asstt. Chemical Examiner, in his report (Ex.P-17), found that all the articles, referred for examination, contained sulfuric acid. The appellant was apprehended and after completion of the investigation, charge-sheet for the offences was presented against him in the Court of Special Judge, Damoh.

(3.)However, the appellant was charged with the offences punishable under Sections 307 and 324 of the IPC only. He denied the charges and pleaded false implication due to prevailing animosity.