STATE BY MASTHI POLICE Vs. SYED RASOOL

JUDGEMENT

(1.) This appeal is filed by the State against the order dated 28-6-2005 passed by the Presiding Officer and Additional Sessions Judge, Fast Track Court-VII, Kolar in S.C. No. 205 of 2000 acquitting the accused of the offence under Section 302 of Indian Penal Code, 1860. The Masthi Police have filed charge-sheet against the respondent alleging that he on 11-6-2000 at about 8.30 p.m. at Thirthabandanahalli Village within the limits of Masthi Police Station picked up quarrel with his wife deceased Faiza Banu and committed her murder by intentionally or knowingly causing her death by pouring kerosene on her by and by lifting fire, as a result of which she has succumbed to the burn injuries. Therefore, the accused is alleged to have committed the offence under Section 302 of IPC.

(2.) In order to prove the case, the prosecution has examined in all 24 witnesses and got marked Exs. P. 1 to P. 24 and produced M.O.1 and M.O.2. The defence of the accused was one of total denial. After hearing the prosecution and the defence, the learned Sessions Judge pleased to acquit the respondent of the offence punishable under Section 302 of IPC.

(3.) P.W. 1-Dr. Ashok Sharaaf was the then Senior Specialist at Tumkur District Hospital. He has certified that the deceased died on 3-8-2000 while taking treatment.