M.L. Shrimal, J. - (1.) This revision petition by the petitioner has been directed against the judgment dated March 3, 1972 of the learned Sessions Judge, Bhilwara in Criminal Appeal No. 14 of 1972, confirming the conviction of the petitioner under S. 326 I.P.C. as well as the sentence of two years' rigorous imprisonment and a fine of Rs. 1000/- imposed by the Asstt. Sessions Judge, Bhilwara.
(2.) Farsely speaking, shorn of all unnecessary details the prosecution story as disclosed at the trial is that on June 27, 1971 nearly at 10-30 p.m. the accused-petitioner Ramesh Chander in the company of Suresh Chander (acquitted by the Sessions Judge, Bhilwara) went to the house of PW 3 Sarswati. At that time the accused petitioner Ramesh Chander had a bottle of acid in his hand. He found PW 5 Mohan lying in the verandah. The prosecution case is that at the relevant time PW 2 Methi was sitting beside PW 5 Mohan and PW 3 Sarswati had gone inside the room to fetch meals for PW 5 Mohan. The accused petitioner Ramesh Chander started pouring acid from the bottle on the face of PW 5 Mohan as a result of which he shrieked in pain, hearing which PW 3 Mst. Sarswati rushed to the place where accused petitioner Ramesh Chander was pouring acid from the bottle on PW 5 Mohan. It is alleged that set the time when Ramesh Chander was pouring acid from his bottle, the other accused Suresh Chander was standing nearby on a bicycle. Hearing the commotion a large number of persons gathered and both the accused persons ran away riding on the bicycle. PW 5 Mohan was sent to the hospital for treatment and PW 3 Mst. Sarswati lodged a first information report of the occurrence at the Police Station, Bhilwara at 12-55 a.m. on June 28, 1971, which was reduced into writing and has been marked Ex. P. 1. PW 5 Mohan was clinically examined by Dr. Amritlal. He noticed the following injuries on his person : The injury report is Ex. P. 2. (1) Abrasion 1/2" x ⅛" on the base of the nose transversely. (2) Abrasion 3/4" x ⅙" on the left eye-brow obliquely. (3) Complain of pain chest on the left lateral side in the middle with ' tenderness and crepitations with slight swelling. (4) Acid burn dark brown in colour present on the following parts:- (1) On the face except upper half forehead and half of the left ear. (2) Neck complete. (3) Chest in front upto areola on the left side upto epigastrium on the right side and right lateral side upto seventh rib. (4) Four inches x two inches area on the lower half of the right upper arm in front. (5) Dorsal half and ventral one fourth of right fore-arm. (6) Front of left upper arm ventral full and dorsal upper half of the left fore-arm. (7) Shoulder posteriorly upto the both spine of the scapula. (8) One line ⅜" thick on the back over the vertriberal column from neck to limb sacral joint. (9) Both cornea and conjecture of left eye and right eye burrs with acid with blindness.
(3.) The accused persons were arrested on July 3, 1971. In pursuance of the information given by the accused-petitioner Ramesh Chander a bottle was seized but there is nothing on the record to hold that it contained acid and as such this recovery is of no assistance to the prosecution in connecting the accused petitioner Ramesh Chander with the crime. The Police after usual investigation submitted a challan against Ramesh Chander and Suresh Chander (acquitted by the Sessions Judge, Bhilwara) in the Court of Munsiff-Magistrate, Bhilwara who committed both the accused to the Court of Sessions Judge, Bhilwara. The accused were ultimately tried by the learned Assistant Sessions Judge, Bhilwara, who by his' judgement dated January 21, 1972, convicted them under S. 326 I.P.C. and sentenced each of them to two years' rigorous imprisonment and a fine of Rs. 1000/- ; in default of the payment of which to further undergo rigorous imprisonment for a period of six months. The convicted accused preferred an appeal in the Court of Sessions Judge, Bhilwara. The learned Sessions Judge accepted the appeal of accused Suresh Chander and acquitted him of all the charges framed against him. However, he maintained the conviction and sentence awarded to the accused-petitioner Ramesh Chander under S. 326, I.P.C., by the trial court,;