Kanwaljit Singh Ahluwalia, J. - (1.) KAMRUDDIN s/o. Allah Bandha and Mohd. Shafeeq s/o. Chhitar Khan were tried by the court of Additional Sessions Judge, Sawaimadhopur.
(2.) THE case of the prosecution is that on 13.8.2006 at about 12:00 A.M. in the night in village Choth Ka Barwada, the appellant Kamruddin along with his co -accused Mohd. Shafeeq had trespassed into the house of the deceased, Sonia, daughter of Ramesh. It is the further case of the prosecution that due to some chemical like acid thrown by Kamruddin, Sonia died on 14.8.2006, resulting into commission of offence punishable under Section 302 IPC. It is further case of the prosecution that the accused Kamruddin had also thrown chemical like acid on the person of Mana (P.W. 1), mother of the deceased Sonia and Mala (P.W. 3) her neighbour and thereby committed the offence punishable under Section 324 IPC. The accused were also charged for the commission of offences under Section 3(1)(xii) and 3(2)(v) of SC/ST Act. The co -accused of the appellant, Mohd. Shafeeq was tried with the aid of Section 34 IPC. The trial court vide impugned judgment dated 6.8.2008, acquitted the co -accused Mohd. Shafeeq, but convicted the appellant Kamruddin for the offences under Sections 452, 302 and 324 IPC. However, the appellant was acquitted of the provisions of the SC/ST Act.
(3.) HAVING convicted the appellant for the aforementioned offences, the trial court vide a separate order of even date sentenced the appellant as under: - U/s. 302 IPC -to undergo life imprisonment and to pay a fine of Rs. 25,000/ -, in default of payment of fine, to further undergo three month S.I. U/s. 452 IPC -to undergo three years R.I. and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo one month S.I. U/s. 324 IPC - to undergo one year R.I. and to pay a fine of Rs. 200/ -, in default of payment of fine, to further undergo seven days S.I.;