Hansu possessing acid bottle is concerned neither any acid has been found on the ground at the place of crime nor any acid marks were ... case.
25. PW-1 has disclosed that Hansu threw acid bottle and the acid fell on Suresh and Hansu. No burn injuries from acid attack
pouring acid on her face, Rahil and Suhail, who were sleeping near the place where deceased was sleeping were also injured by acid attack ... aforesaid, he and suhail also got injured from the acid attack; they started shouting and as a result of the same, grandfather and his uncle
that
application and Assistant Sessions Judge proceeded with the
hearing of the case. So, the petitioner has no other remedy
except to approach this court ... with 34 IPC (acid attack Security Manager, Air India) against 4
accused.
The evidence of prosecution was closed on 18.11.2013 and
case was posted
were examined by him with history of acid attack. He
found „scald burn on the face including oral cavity‟. Cause of
injury ... attack and the nature of injury suffered by the victims,
do say loud and clear that it was an attack by acid. There
motor cycle. They got down from the vehicle together. They poured acid on the victim and inflicted knife blows to him. They thereafter mounted ... motor cycle and ran away. When there is joint and concerned attack, it implies common intention on the part of all the accused persons
Hospital, by the deceased himself.
16. The oral evidence adduced in this case indicates that
there used to be frequent quarrels between the accused ... acid forcibly into his mouth. There is no
direct evidence for the said occurrence. The oral evidence would only
indicate that the deceased was attacked
while the injured came to the place of
occurrence, this appellant threw acid which came in contact with the abdomen
of the injured causing burn ... light
and from the evidence it seems that the injured was probably attacked by this
appellant owing to quarrel as alleged by the appellant rather
Secondly, according to P.W.1, her husband was attacked with wooden log
on his head and legs by A-1, but no corresponding injuries ... have been caused only by pouring hot water or any acid. In
the instant case, the prosecution has come with a specific case that
attacked him with a blade while
attempting to commit robbery. The testimony of injured/complainant
PW-1 has withstood the acid test of cross-examination ... failure of the prosecution to do so is fatal to the
prosecution case. Evidently, no other public witness except the
State v. Nitin @ Nitte
Sabitri Samantaray vs The State Of Odisha on 20 May, 2022
Author: Krishna Murari
Bench
