STATE OF KARNATAKA Vs. DHANANJAYA AND ORS

JUDGEMENT

(1.) This appeal, preferred by the State, is directed against the judgment and order of acquittal of the respondents of the offence punishable under Section 302 read with 34 of IPC.

(2.) It is the case of the prosecution on 19.07.2005 at about 10.00 PM on the path way situated in between Yasappanapalya and Seegepalya coming within the jurisdiction of Kudur Police Station the accused in furtherance of their common intention did commit murder of the deceased Krishnamurthy by setting fire to him after dousing with kerosene due to which he sustained burn injuries and succumbed to the same on 21.07.2005 while undergoing treatment at Victoria Hospital, Bangalore, thereby they have committed the offence punishable under Sections 302 r/w 34 of IPC.

(3.) The factual matrix of the case as unfolded from the evidence on record is :-