JUDGMENT Amit Talukdar, J. DEATH only perhaps would have given her a healing touch to her mental affliction and physical deformation suffered both upon her soul and body on account of splurge of acid by the appellant on the victim P.W. 8 on a monsoon night of 1998 in July being surcharged with carnal passion. 2. FATE, however, has decided otherwise and she has now to suffer death each moment, each hour, each day, each night and every stage of her truncated life, until she is recalled by her creator. 3. SHE lives a life of a living dead to tell as tale of a mid-Monsoon Night Horror and the horrendous episode where the appellant who had an evil eye on the victim (P. W.8) who most of the time stayed alone in 'per house along with her children as her husband (P. W. 10) stayed away for compulsion of work and taking advantage of the absentee husband (P.W.10) the appellant used to tease her and give indecent overtures, and threats if his ugly deeds were exposed. 4. THE victim P. W. 8 was coaching her children at the relevant time when her daughter Mausumi (P. W. 9) wanted to relieve herself the victim (P.W.8) accompanied her to the convenience which was situated 30/40 cubits off the dwelling house and at that time like a prowling leopard the appellant stealthily stalked before her and on being questioned about his presence he immediately threw some liquid over the head of the victim (P.W.8) which resulted in a suffering of serious disfiguration and injury as also her loss of vision as found by P. W.7 the surgeon. It is such an injury that not only her face was disfigured but her hands were also charred as a result of which she could not take her meal without the help of someone. 5. LIFE has stopped. The shadow of the dark and dreadful night has covered her entire family for ever and for ever. The lights and the laughter have been tapered of. It is as if the darkness of the long tormenting night had stood still refusing to succumb itself to the welcome of the dawn with the flickers of the lamp (Ext. 5) being blown off, the mirth and merriment has also been a thing of past since the fateful night for the family of the victim (PW8). 6. It is as if the darkness of the long tormenting night had stood still refusing to succumb itself to the welcome of the dawn with the flickers of the lamp (Ext. 5) being blown off, the mirth and merriment has also been a thing of past since the fateful night for the family of the victim (PW8). 6. IT is now only the language of tears in the back drop of dreadly episode that haunts the entire specter since p, W. 10 the victim's husband took her to Bagula Hospital where she was attended by P. W. 7 and where she was confined till December 28, 1998 and the registration of the FIR (Ext. 3) by him being scribed by P. W. 12. 7. THE investigation into the crime by P. W. 11 ended in submission of a charge-sheet which saw the appellant in the array of accused' before the learned Additional Sessions Judge, 2nd Court, Krishnanagar, Nadia in Sessions Trial No. II (Aug) 99 to answer the charge under section 307 of the Indian Penal Code, in alternate under section 326 of the Indian Penal Code. 8. SINCE the appellant pleaded not guilty, the trial was conducted with a pack of hostile witnesses (P. W.1 to P. W.4) along with the version of the victim herself (P. W.8), her daughter (P. W. 9) and the proximate evidence of P. W. 10 husband of the victim including the medical evidence of P.W.7 and other witnesses. 9. TRIAL ended in the conviction of the appellant for the offence punishable under section 307 of the Indian Penal Code and he was directed to be incarcerated for life and to pay •a fine of Rs. 20,000/- (Rs. Twenty Thousand only) in default to suffer imprisonment for one year more. Out of the fine, if realised seventy five per cent (75%) of which was to be paid to victim. 10. UNFORTUNATELY in the Memo of Appeal the victim was not impleaded as proforma respondent which she ought to have been made. 11. TO wriggle out of such situation arising out of his sojourn for life behind the stone walls the appellant has preferred this appeal on a number of grounds. 12. 10. UNFORTUNATELY in the Memo of Appeal the victim was not impleaded as proforma respondent which she ought to have been made. 11. TO wriggle out of such situation arising out of his sojourn for life behind the stone walls the appellant has preferred this appeal on a number of grounds. 12. THE learned advocate appearing for the appellant submitted that as the independent witnesses (P. W. 1 to P. W.4) turned hostile it was unsafe to base the conviction on the evidence of the victim, her husband and her daughter in the absence of any independent corroboration. It was submitted also that the Executive Magistrate before whom P. W. 8 made statement at the Hospital was not examined who could have given an independent picture of the incident. He further submitted that no acid jar was sent for chemical examination to substantiate the fact that it contained acid. Serious exception was taken on behalf of the appellant with regard to the non-examination of tile child witness P. W. 9 by the Investigating Officer. The learned advocate for the appellant also submitted that the medical evidence of P. W.7 was not considered by the learned Judge properly and the evidence as a whole was also not taken into account in its perspective by the learned Trial Court and the conviction of the appellant on the basis of such evidence was not maintainable and should be set aside. He further submitted that the sentence was' too severe. 13. THE learned Public Prosecutor with the able assistance of Smt. Jharna Biswas argued the appeal on behalf of the State and submitted that the eye-witnesses P.Ws. 8 and 9 gave a complete account of the prosecution case and their evidence could not be disbelieved under any circumstances. He further submitted that it was night and the place of occurrence was within the vicinity of the dwelling house of the victim and there was recognition by the harricane which was seized and that apart from any other thing the evidence of P. W. 9 the daughter of the victim who narrated the incident and identified the appellant was absolutely clinching read in line of the evidence of the doctor (P.W.7). The learned Public Prosecutor also referred to the question No. 21 and the answer given by the appellant during his examination under section 313, Cr. The learned Public Prosecutor also referred to the question No. 21 and the answer given by the appellant during his examination under section 313, Cr. P. C. and submitted that as the appellant gave a false explanation with regard to the injury suffered by him, it connected him in a more conclusive way with the crime. The learned Public Prosecutor prayed for dismissal of the appeal and maintaining the sentence in view of the heinous offence. 14. WE have heard the learned advocate for the appellant and the learned Public Prosecutor and considered the evidence and other materials on record. We find from the evidence of P. W. 8 that on the relevant night while she was teaching her daughter P. W. 9, she wanted to attend the toilet which was situated some cubits of their main dwelling house and was accompanied by P. W.8 who had a burning harricane. She (P.W.8) recognised the appellant who inflicted her with acid bulb as a result of which she not only suffered the disfiguration of her face and had her hands charred but lost her vision. She also deposed with regard to the habits of the appellant who always had his lustful attention cast on her and gave indecent proposals. P. W. 9 totally supported the version of her Mother P.W. 8 and gave a full description of the incident and she could not be shaken in her cross-examination. Her father P.W.10 hearing their cries rushed to the spot and found the appellant escaping; thereafter, he took his wife with her injuries to the Bagula Hospital and lodged the information before P.W. 6 who reduced it into the formal FIR (Ext. 3) and also took zimma of the seized harricane under a Zimmanama (Ext. 5) which was seized by the police under a Seizure List (Ext. 1). He also stood firm in his cross-examination. P. W. 7 the surgeon of the District Hospital who attended P.W. 8 found: "acid burnt over her right side of her face, right arm, right side of the chest. Other burns were also on her limbs of the body but that was not detected due to poor light." and he also made arrangements for recording the dying declaration of P. W. 8 as- "condition of the said patient Mita Biswas was in precarious condition. Other burns were also on her limbs of the body but that was not detected due to poor light." and he also made arrangements for recording the dying declaration of P. W. 8 as- "condition of the said patient Mita Biswas was in precarious condition. The said patient might have died if the infection occurs." He also proved the bed head tickets (Ext. 4 series). P. W.7 further deposed that the victim (P. W.8) who was admitted in the hospital on 26.7.1998 was ultimately discharged from the Hospital only on 28.12.1998. 15. SUCH is the overwhelming evidence. The submission of the learned advocate for the appellant that P. W.1 to P. W. 4 turned hostile and there were only the evidence of the victim, her husband, her daughter who according to him were interested, does not persuade us to accept his view and the matter as discussed here-in-above the evidence of P. W. 8 which gives a graphic description of the sordid act has been amply corroborated by P. W.9 her daughter whose evidence although a child witness being consistent and compatible with the main tune we have no hesitation to accept and the proximate supporting evidence of P. W.10 here husband only lends assurance to the earlier evidence and if the same is read in conjunction with the medical evidence which showed that the victim could have died out of the said injuries suffered by her and she had to be confined in the Hospital from July 26, 1998 to December 28, 1998 and had suffered the gruesome attack by acid being poured on her head by the appellant. Their evidence -P.Ws.7, 8 and 9 in our view are quite acceptable as being consistent through out and does not dither us in any manner to mellow the same in the light of the hostile evidence of P. W. 1 to P. W.4 who for reasons best known to them have resiled from the actual fact. The submission of the learned advocate for the appellant that acid jar was not sent for chemical examination also does not have any effect in the light of the evidence of P.W. 8 in line with the medical evidence. 16. The submission of the learned advocate for the appellant that acid jar was not sent for chemical examination also does not have any effect in the light of the evidence of P.W. 8 in line with the medical evidence. 16. WE, on the contrary, find much substance in the submission of the learned Public Prosecutor appearing with Smt. Biswas that the evidence of the eye-witnesses are sufficient to convict the appellant and the false explanation given by the appellant in answer to the question No. 21 is also a very great pointer in the chain of culpability of the appellant. 17. AS such, we are of the view the charge framed under section 307 of the Indian Penal Code has been proved and the conviction passed by the learned Judge thereunder is absolutely justified and we don't find any reason to interfere with the same. 18. THIS brings us now to the question of sentence. 19. IT has been arguned in great details by the learned advocate for the appellant that the sentence for life passed against the appellant by the learned Judge was very much excessive and was not called for. We have given our anxious consideration thereto. We have also reappraised ourselves with regard to the sublime impact of the provision of sentence in section 307 of the Indian Penal Code and asked ourselves whether lesser sentence can be passed? We have directed ourselves in this regard with deep circumspection and are of the considered view had the provisions :of section 307 of the Indian Penal Code prescribed any higher punishment this was a fit case where further higher punishment ought to have been awarded then what have been given by the learned Trial Court. 20. A woman in her youth had fallen prey to the lustful designs of a perverted mind which engineered by the fuel of carnal aspiration authored the savage act of throwing acid on the face of the victim. His act forfeits his claim of membership of a civilised society. We decline to interfere with the substantive sentence of imprisonment but, on the contrary, we also cannot sing in the same tune with regard to the amount of fine that have been imposed by the learned Judge and also the method of distribution. We are of the opinion that amount of Rs. We decline to interfere with the substantive sentence of imprisonment but, on the contrary, we also cannot sing in the same tune with regard to the amount of fine that have been imposed by the learned Judge and also the method of distribution. We are of the opinion that amount of Rs. 20,000/- as fine is meager and direction that if the same is realised then only 75 per cent of the same would be paid to the victim is also unsustainable, - 21. SINCE there was no enhancement Rule issued with regard t6 quantum of fine at this hour of the day when we are disposing 'of the appeal finally we cannot touch on the same except directing that upon its realization the entire amount would be paid to the victim (P.W.8).However as we see the sickening trauma that the victim (P.W.8) suffers as 'she has lost her sight and is unable to fend for herself and even have her food without the help of another person, she leads an existence which is anybody's pity. 22. WE are entrusted with deciding the fate of the appeal and in out humble way we have done so. 23. WE, upon such decision having assessed the quantum of substantive sentence, have also done so. 24. WHAT, we, in our in the inner depths of our, hearts feel that even if the arms of Law are long enough to placate justice, if necessary by stretching it yet enhancement of the amount of fine cannot be done at this juncture. But, as we feel that the amount is paltry and although in the, event there is an escalation of the amount that would in no way retrieve the, unbound harm caused not only to the hapless woman (P.W. 8) but we must, also remember the trauma suffered by a young girl (10 years of age) of witnessing the gory details of her mother (P.W.8) being the object of savage lust of the appellant and thrust her with his animal passion by drenching with acid Not only the victim but the child has also lost the caressing care of a normal mother. 25. WHO is to compensate? 26. SO also a young man PW10 and otherwise caring mid loving husband has been denied the normal conjugal bliss of a devoted' wife on account of the macabre design of the appellant 27. 25. WHO is to compensate? 26. SO also a young man PW10 and otherwise caring mid loving husband has been denied the normal conjugal bliss of a devoted' wife on account of the macabre design of the appellant 27. WHO is to make good the loss ? 28. NOT only the victim (P.W.S) has suffered on account of the crime committed by the appellant in his unsurmountable animal instinct but also her husband, her daughter, her entire family, her entire community has suffered. So also suffered the society at large whose collective conscience is also shocked being posed by such horrific act. 29. IN all, in nothing, in pain, in tears it is a Savage Harvest. Who reaps ? 30. WE have to act within the narrow constraints of the evidence and procedural law. 31. THUS far and no further. 32. BUT we feel in the instant case that as, a court of law also has a social role to play, however limited it is, we would request, in the fact situation of the instant case, the State Government to arrange for suitable rehabilitation under the law for the victim if not already done in the light of situation that has emerged from the evidence. We are also conscious of the fact that barring a persuasive value to which our pious wish is restricted, had we not felt that way we would not have possibly lived upto the expectation with which society looks upon a court of law. 33. REGISTRY is requested to communicate our views to the appropriate authority of the State Government. 34. WITH these observations and marginal modification the appeal stands dismissed. Appeal dismissed.