Criminal Appeal (SJ)No.249 OF 1994 ***** Against the judgment and order dated 10.6.1994 passed by Sri Satyadeo Prasad,learned 8th Addi- tional Sessions Judge, Bhojpur at Ara in Sessions Trial No.861 of 1992. ---- GORAKH NATH GUPTA @ GORAKH SONAR SON OF SRI PRAMHANS SAH, RESIDENT OF VILLAGE CHHOTA SASARAM, P.S.UDWANTNAGAR, DISTRICT- BHOJPUR. --------------------- Appellant. Versus STATE OF BIHAR-------------------------Respondent. For the appellant: Mr. Harsh Singh,Advocate. For the State: Mr.Choubey Jawahar, A.P.P. For the informant: Mr.Jyoti Shankar, Advocate. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J. The appellant has been convicted under section 326 of the I.P.C. and sentenced him to undergo rigorous imprisonment for 7 years and to pay a fine of Rs.20,000/- and in default of payment to undergo further sentence of five years R.I. by the 8th Additional Sessions Juddge, Bhojpur at Ara, in Sessions Trial No.861 of 1992 by a Judgment dated 10.6.1994. 2. The case of the prosecution is that on 6.4.1992 a dispute arose between the parties over financial accounting in which the appellant poured acid on the face of the informant on account of which she sustained serious injuries 2 on his face and lost eye sight in both the eyes. 3. The prosecution to prove its case examined ten witnesses out of whom P.W.1, P.W.2, P.W.4 and P.W.5 are eye witnesses and P.W.7 is the doctor who examined the injured and P.W.8 is the Investigating Officer whereas P.W.9 is a formal witness and P.W.10 proved the admission register of the hospital. 4. The defence also examined six witnesses and exhibited some documents to prove that there was complaint with regard to a counter version. 5. On going through the evidence on record I find that all the witnesses have consistently supported the case of the prosecution and even the court found complete disfiguration of the fact, there can be no doubt that , in fact, the appellant has committed the act of pouring acid on the face of the injured, P.W.2. 6. In view of such I am not inclined to interfere with the Judgment but since the appellant has remained in custody for 2-1/2 years, in my view, that would be sufficient punishment and, therefore, the appeal is dismissed with modification in sentence that the same is converted into one already undergone. However, the appellant shall pay a fine of 3 Rs.25,000/- to be paid to the victim/ his family,in trial court within 8 weeks from the date of receipt of notice from the court below and in case he fails to do so he shall serve out 5 years R.I. as directed by the court below. In the result the appeal is dismissed with the modification noted above. Pata High Court, Patna. Dated the 1st April,2011. N.A.F.R./ Anilkr.sinha (Anjana Prakash,J.)