New Delhi, Nov 17 (SocialNews.XYZ) A Delhi Sessions Court on Wednesday upheld an order of the trial court handing out six months imprisonment to a man for permanently damaging his neighbour's eye by lighting a firecracker in a "negligent manner" during Diwali in November 2013.
Additional Sessions Judge Pooran Chand sent the convicted person to jail to serve the six-month-long sentence on the earlier order of the trial court.
According to the complainant, he was standing outside his house which was five-six houses apart, when the appellant Naveen Kumar in a rash and negligent manner lighted a 'Diwali Rocket' and kicked the bottle as a result of which the rocket suddenly hit his right eye.
This injury caused permanent privation of the sight of the right eye of the complainant. Initially, he did not realise that it was a serious injury and did not file any complaint, however, later on, when the problem in his right eye aggravated, he filed the complaint on November 9, 2013.
On his complaint, the present FIR was registered, and the accused was arrested. The counsel of the accused argued on the ground that the police failed to produce the site plan of the spot where the alleged incident took place while pointing out "contradictions" in the testimonies of prosecution witnesses over the distance between the place of incident and the place where crackers were burst.
Opposing this, Additional Public Prosecutor, appearing for the state said there is no law that states that conviction cannot be held on the sole testimony of the complainant if the testimony is reliable, trustworthy, and unimpeached.
The complainant was cross-examined at length even despite cross examination the testimony of the complainant remained unimpeached except minor contradictions which are not fatal to the prosecution case, he argued.
The trial court convicted Kumar for committing offences under Sections 286 (negligent conduct concerning an explosive substance) and 338 (causing grievous hurt by act endangering life) of IPC.
He has been sentenced to simple imprisonment for a period of six months and also to pay compensation of Rs 60,000 to the complainant.
In default of payment of compensation, he shall undergo suffer imprisonment for three months. It is also ordered that both the sentences shall run concurrently.
Source: IANS
About Gopi
Gopi Adusumilli is a Programmer. He is the editor of SocialNews.XYZ and President of AGK Fire Inc.
He enjoys designing websites, developing mobile applications and publishing news articles on current events from various authenticated news sources.
When it comes to writing he likes to write about current world politics and Indian Movies. His future plans include developing SocialNews.XYZ into a News website that has no bias or judgment towards any.
He can be reached at gopi@socialnews.xyz