STATE Vs. SUNDARRAJ @ ACID RAJA @ RAJA

JUDGEMENT

(1.) This appeal is filed by the State against the judgment and order of acquittal passed by the Principal District and Sessions Judge, Mysore in S.C. No.77/2007. The accused is acquitted for the offence under Section 307 of I.P.C.

(2.) Case of the prosecution in brief is that PW-6 was working as a parking boy at Dhanwanthri Road, Mysore and after his work, he along with his wife PW-7 used to sleep by the side of the road in front of Lakshminarayana Medical Stores. In other words, PWs 6 and 7 are foot path dwellers. On 27.11.2006 also they slept on the foot path at the very place in usual manner. In the morning of 28.11.2006 at about 5.00 a.m., while PWs 6 and 7 were sleeping, the accused went there and demanded a Beedi from PW-6; PW-6 told the accused that he is not a smoker and he does not have a beedi; so also PW-7 told the accused to go away; the accused being enraged for such conduct of PWs 6 and 7, started abusing them pronounced his name as Acid Raja and threatened them to kill; the accused took out a bottle from his pant pocket and poured acid on PWs 6 and 7, consequent upon which PWs 6 and 7 started shouting since they sustained burn injuries; immediately the injured rushed to the K.R. Hospital Burns Ward and were admitted; PW-4 Doctor who was present in the Hospital, at that point of time intimated the Police by sending Ex.P11 Memo about the medico-legal case; on receiving the said Memo, PSI went to the Hospital and recorded the statement of PW-6 in the presence of PW-4; on the basis of such statement PW-10 registered the case in Crime No. 263/2006 of Devaraja Police Station and sent FIR to the jurisdictional Magistrate; the accused was apprehended at about 9.00 a.m. by PW-8 Head Constable and he produced the accused before PW-10 under a report Ex.P9; PW-10 visited the spot, conducted spot panchanama and after completion of investigation as required under law, he laid the charge sheet against the accused for the offence under Section 307 of IPC.

(3.) The accused was tried for the offence under Section 307 of IPC. The accused himself crossexamined all the witnesses of the prosecution and he did not chose to engage any advocate.