STATE Vs. KALEEM PASHA

JUDGEMENT

(1.) THIS appeal is filed by the State challenging the judgment dated 30.6.2004 passed by the Prl. Sessions Judge, Mysore in S.C. No. 95/2003 acquitting the respondent of the offence under Section 307 and 302 IPC.

(2.) IT is the case of the prosecution that on 22.11.2002 at about 12 noon in the house of the deceased Zareena aged about 25 years, bearing D. No. 2317, 22nd Cross, Ashoka Road, Lashkar Mohalla within the limits of Mandi Police Station, Mysore the accused threw acid on the body of the deceased Zareena, thereby she sustained burn injuries and succumbed to the same on 27.12.2002 while being treated in the hospital, thereby it is alleged that the accused has committed the murder of the deceased which is punishable under Section 302 IPC.

(3.) THE prosecution in order to prove its case has examined in all 18 witnesses and got marked Exs. P1 to P43 and produced M.Os. 1 to 9. The defence of the accused was one of total denial. He has got marked Ex. D1 and 2 being the ration card of D.W. 1. He has examined one Akthar as D.W. 1. After hearing the prosecution and the defence, the learned Sessions Judge was pleased to acquit the accused of both the charges. Hence, the State has filed this appeal.