STATE OF HIMACHAL PRADESH Vs. DALIP KUMAR SON OF LATE SH DEVI RAM

JUDGEMENT

(1.) THIS appeal by the State is directed against the judgement dated 28.10.2005 passed by the learned Judicial Magistrate, 1st Class, Court No.2, Mandi whereby she acquitted the accused of having committed an offence punishable under Section 326 IPC. The prosecution story is that the accused on 7th

(2.) APRIL, 2001 threw acid on the face of the victim causing grievous injuries to her. The learned trial Court after trial acquitted the accused and hence this appeal by the State.

(3.) SHEELA Devi was admitted in the hospital and according to the doctor the injuries were grievous in nature caused by the acid. After the police was informed, it reached the hospital and the statement of complainant Sheela Devi was recorded at about 2.30 p.m. The same is Ext.PW-3/A. In this statement Sheela Devi stated that she does sewing work at her On 7th April, 2001 she alongwith her mother house. Nikki Devi had gone to the Punjab and Sind Bank to withdraw money and buy some goods. She had gone to the bazaar at Mandi after withdrawing money from the bank and purchased some goods from the market. When they were returning home, near the Meat Market there is a shop of one tailor. At about 11.25 a.m one boy namely Dalip Kumar (accused) came from behind. This person was carrying a steel tumbler in his hand. He crossed Sheela Devi and then threw the contents of the glass on her face. Her right eye, right portion of her face, both her arms, throat, chest were burnt. Thereafter Dalip ran away from the spot and thereafter her mother had brought her to the zonal hospital Mandi for treatment. The complainant also stated that Dalip wanted to marry her. She did not agree to the proposal of Dalip since her marriage was already fixed. Dalip had threatened her earlier also that in case she did not marry him then he would destroy her face. She clearly stated that Dalip had thrown acid on her face. Thereafter investigation was carried out by the police and after completion of investigation the accused was charged with having committed the offence aforesaid. After trial he has been acquitted. Hence, this appeal.