AZIM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the appellant, learned A.G.A. for the State of U.P. and perused the lower court record.

(2.) THE appellant Azim has moved this bail application in the criminal appeal which has been filed against the judgement and order dated 27.09.2013 passed by learned Additional Sessions Judge, Court No. 3, Moradabad in S.T. No. 35 of 2012 whereby the appellant has been convicted for the offence punishable under section 326, 302, 506 IPC.

(3.) HAVING heard learned counsel for the appellant, learned A.G.A. and perused the lower court record it reveals that the FIR of this case has been lodged by Nasim, P.W. 1 on 9.8.2011 at 2.10 A.M. in respect of the incident allegedly occurred in the night of 7/8.9.2011 at about 12.10 O'clock. It is alleged that one day prior the alleged incident a quarrel had taken place between the deceased Smt. Munni Begum and the appellant Azim in which he had extended the threat of dire consequences. In the night of 7/8.9.2011 the deceased, the first informant along with Mohd. Shaney Alam aged about 11 years were present in the courtyard, at about 12.10 O'clock the appellant poured the acid on the deceased then the deceased and Mohd. Shaney Alam shouted but the appellant escaped from the place of the incident. He had chased by the first informant but could not be apprehended. The deceased in an injured condition along with Mohd. Shaney Alam was taken to the police station. The deceased Munni Begum was taken to the hospital by the police, she was medically examined on 8.9.2011 at 3.30 A.M. According to the medical examination report she had sustained superficial too deep acid burn injury all over the body except both the legs, both foot and private part about 80 -82%, the duration was fresh. Mohd. Shaney Alam was also medically examined on 8.9.2011 at 3.45 A.M. According to the medical examination report he had also sustained superficial too deep acid burn injury. The deceased succumbed to her injuries in the district hospital, Moradabad on 21.10.2011 at 11.10 P.M. Cause of death was septicaemia as a result of ante mortem burn injuries.