Court upholds man’s life term for acid attack on family, says he ‘didn’t even spare children’

The court also clarified that minor inconsistencies do not create any doubt on the prosecution’s case about the acid attack and the acid burn injuries sustained by the victim and the injured. “It is also settled law that any anomaly or shortcoming in the investigation does not affect the prosecution case,” the court added.

The prosecution claimed that the accused had a dispute with his elder brother, Sher Singh, at about 6 pm on September 10, 2018, due to a personal grudge. It was alleged that they exchanged abuses and the accused, allegedly under the influence of alcohol, brought acid from his house and threw it on Sher Singh and his family members, causing burn injuries.

Justices Ravindra Maithani and Siddhartha Sah found that the conduct of the accused clearly established his intention to cause fatal injuries.

An FIR was lodged the following day, and the medical report noted Sher Singh and his family members suffered corrosive burn injuries. One of them, Jaya Devi, sustained life-threatening injuries and was hospitalised for nearly two months before succumbing in November 2018.

Later, the accused was arrested, and the trial court sentenced him to life imprisonment for acid attack and murder in July 2022. Aggrieved, the accused approached the Uttarakhand High Court with this appeal.

‘Probe officer concealed facts’

Appearing as amicus curiae for the accused, advocate Mohd Matlub argued that the investigating officer had concealed the facts of the case and the prosecution had failed to explain the injuries sustained by the accused. He added that the prosecution had not conducted a proper investigation. The victim remained under treatment for about two months and subsequently died in Delhi, and therefore the facts of the case did not attract the offence of murder.

On the contrary, deputy advocate general Manisha Rana Singh submitted that due to the acid attack by the accused, Sher Singh and his entire family sustained serious injuries. She added that there is clear medical evidence establishing that the accused threw acid on them.

She submitted that the testimonies of all the injured witnesses and eyewitnesses are consistent and the testimony of an injured witness is considered more reliable.

Delay irrelevant: Court

The court found that the accused’s conduct clearly established his intention to cause fatal injuries and that he acted in a gruesome and cruel manner while carrying out the attack.

Concerning the delay in filing the FIR, the high court pointed out that Sher Singh and his entire family had sustained injuries, were admitted to the hospital and were undergoing treatment. Therefore, the delay in lodging the FIR was not relevant.

Having considered the submissions of the parties, the court said the trial court’s judgment and order of July 2022 required no interference and dismissed the appeal.