( 1 ) THIS is an appeal against acquittal preferred by the State. The accused, who was the Deputy Commissioner of Police I, mysore City, was prosecuted for the offences under Sections 341, 302, 201 and 506, Indian Penal Code. The Trial Court in sessions Case No. 101 of 1991 on the file of the First Additional sessions Judge, Mysore, by its judgment dated 30th November, 1993, acquitted the accused of all the charges. Being aggrieved by the order of acquittal, the State has preferred this appeal.

( 2 ) THE prosecution case is that on 7-4-1991 in the afternoon, the accused along with his wife Shamanthakamani-C. W. 41 and her two young sons had come to the Lalitha Mahal Palace swimming Pool for a swim. This swimming pool is attached to a posh Five Star Hotel known as Lalitha Mahal Palace Hotel, situate in Mysore. When the accused came to the swimming pool, he noticed that the deceased was present in the swimming pool. Since the deceased Sathyadev was an unauthorised user of the swimming pool, the accused asked P. W. 13-swimming attendant to remove the said deceased Sathyadev, from the swimming pool. After instructing P. W. 13 thus, the accused and his wife went to