JUDGMENT :

MAULIK SHELAT, J.

1. The present Acquittal Appeal has been filed under Section 378 of Code of Criminal Procedure, 1973, challenging the judgment and order dated 04.01.2003 passed by the learned Sessions Judge, Panchmahals at Godhra in Session Case No.244 of 2002. The State is in appeal before us challenging the impugned judgment and order, by which the respondent – accused has been acquitted from all the charges levelled against him under Section 302 of the Indian Penal Code, 1860 read with Section 135 of the Bombay Police Act.

2. The short facts of the prosecution case are as under;

2.1 The prosecution case in brief is that on 24.5.2002 at 4 O'clock or thereabout, the accused of this case sprinkled acid on the deceased Gautambhai and his daughter aged about 7 years, who were sleeping in the Dhaliya near their house and thereby caused their death. The motive of the offence was that the accused was having illicit relation with Sumitraben, wife of the deceased, for the last 4 years and the deceased Gautambhai and Dakshaben being an obstacle for the aforesaid illicit relation, the accused caused the death of both of them.As the possession of acid is against the Notification of