SANDEEP MEHTA,J. - (1.) The appellant has been convicted and sentenced as below vide the judgment dated 02.05.2017 passed by learned Addl. Sessions Judge No.2, Jodhpur Metro in Sessions Case No.01/2015 (NCV No.64/2015) Under Section 307 IPC Life Imprisonment and fine of Rs.60,000/-, in default of payment of fine to further undergo two years' RI. Under Section 326A IPC Life imprisonment and fine of Rs.60,000/-, in default of payment of fine to further undergo two years' RI. (Both the substantive sentences were ordered to run concurrently.) Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow:- Mohd. Iqbal S/o Shri Mohd. Hanif (PW.1) submitted a written report (Ex.P/1) to the SHO PS Khanda Falsa, Jodhpur on 07.10.2014 alleging inter alia that his son Munawwar Hussain was sitting at their shop, situated at Miyo Ka Chowk, Piro Ka Challa, Near Dargah, Khanda Falsa, Jodhpur in the morning at about 9:30 am when the accused-appellant Mohd. Rizwan came around and indulged in looting. The informant also reached there and thereafter, he lodged a report of this incident at Police Station Khanda Falsa at 9 O' clock. Later on, when the first informant returned to his shop with his son, the accused-appellant Mohd. Rizwan came there carrying an acid bottle. He threw the acid on the first informant and his son. Due to the assault, the informant's son Munawwar Hussain (PW.10) got burnt on his eyes, face and hands. It was also alleged that the accused extorted that he would kill and then threw the acid at both of them. On the basis of this report, an FIR No.137/2014 was registered at Police Station Khanda Falsa, Jodhpur for the offences under Sections 323 and 326-A IPC. The investigation was commenced. Both the injured i.e., the first informant Mohd. Iqbal (PW.1) and Munawwar Hussain (PW.10) were medically examined. As per the medico legal report (Ex.P/5), Mohd. Iqbal had two lesions on the left and right forearm, both of which were caused by corrosive substance. As per the injury report (Ex.P/6), the injured Munawwar Hussain (PW.10) had superficial to deep corrosive burn lesions with blackening and trickling marks present all over the face, left side of the neck, right upper limb and left forearm. The medical opinion regarding the injuries suffered by Munawwar Hussain was issued by the medical jurist as Ex.P/7 opining that the vision of the right-side eye had been adversely affected by the corrosive burns. The injury No.1 was opined to be grievous in nature whereas the injuries to the neck and the arms were opined to be simple in nature. The accused-appellant was arrested and after concluding the investigation, the Investigating Officer proceeded to file a charge-sheet against the accused-appellant for the offences under Sections 307 and 326-A IPC. Since both the offences were sessions triable, the case was committed and transferred to the Court of Addl. Sessions Judge No.2, Jodhpur Metro for trial. The trial court, framed charges against the accused-appellant for the above offences, who pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses and exhibited 18 documents and two articles to prove its case.
(3.) Upon being questioned under Section 313 Cr.P.C and when confronted with the prosecution allegations, the accused denied the same and claimed to have been falsely implicated. A specific plea was taken by the accused in defence that he had gone to the shop of the complainant for buying eggs. He was not having the full amount and thus, he returned home. The complainant Mohd. Iqbal and his son Munawwar Hussain came to his house and quarrelled with him. He was passing by the shop of the complainant when both father and son accosted him and beat him on his head by an acid bottle. He was suffering with a hole in his heart since birth and was not physically capable to quarrel. The accused appeared in the witness box as DW-1 wherein he proved his medical report (Ex.D/5). Dr. Adil Majid Belim (DW.2) proved the fact regarding the condition of hole in the heart with which the accused was afflicted. Dr. Narendra Vaishnav (DW.3) was examined to prove the injuries suffered by the accused in the selfsame incident. The injury No.1, located on the head, was caused by corrosive substance. Numerous other injuries were noticed on the body of the accused. After hearing the arguments advanced by learned Public Prosecutor and the learned defence counsel and appreciating the evidence adduced on record, the trial court proceeded to admit the evidence of material prosecution witnesses viz. first informant Mohd. Iqbal (PW.1), Abdul Wahab (PW.4), Gayasudin (PW.5), Mohd. Arshad (PW.6) and Munawwar Hussain (PW.10) to be wholly reliable and corroborated by the evidence of Dr. Amit Srivastava, the medical jurist (PW.7) and proceeded to convict and sentence the appellant, as above. Hence, this appeal.;