JUDGMENT :

H.P.SANDESH, J.

This appeal is filed by the State challenging the judgment and order of acquittal dated 28.04.2018 passed in S.C.No.258/2013 by the III Additional Sessions Judge, Mysuru for the offences punishable under Sections 302, 307 and 436 of IPC and prayed this Court to convict and impose appropriate sentence against the accused.

2. Heard the learned counsel appearing for the respective parties.

3. The factual matrix of case of the prosecution is that the father of PW1- Mohammed Ameer Jan and other five victims were succumbed to the injuries as they suffered burn injuries since there was a motive to commit the offence by the accused as the father of PW1 was giving medicines as doctor and accused picked up a quarrel with the doctor in connection with payment of money. It is also stated in the complaint at Ex.P15 that the accused, 3 days prior to the incident during night time threw some powder at the house of PW1 and in this regard, PW1 has informed to the police but police did not take any action in this regard. Ultimately, on the intervening night of 11.04.2013 and 12.04.2013, when 8 persons were sleeping in the house, at around 03.00 a.m., PW1 found strong smell of petrol. The occupants of the house also got up and switched on the light and saw the petrol seeping in under the door and at that time PW1 who was panic, peeped through the window and saw the accused lighting the match stick and threw it on her house and he ran away from the spot. By that time, the house of PW1 caught fire and occupants of the house also started screaming. Hearing the sound of screaming, neighbours also came to the spot and broke open the door and PW1, her mother and PW2 were managed to come outside from the house. But other 5 occupants including the father of PW1 have failed to escape from burning house and have sustained burn injuries and succumbed to the said injuries.

4. In connection with the said incident, a complaint was lodged in terms of Ex.P15, which was recorded in the presence of the doctor and PW14-IO having recorded the statement, registered the FIR as per Ex.P80 and started the investigation and conducted the inquest and subjected the dead bodies for post mortem and also conducted spot mahazar and seized the material objects at MO1 to MO26. PW14 apprehended the accused on the very same day and recovered the motorcycle at his instance in which he came to the incident place. Accused was sent to the hospital for his medical examination and the doctor-PW10 has examined him and issued the wound certificate in terms of Ex.P76. PW14 also collected the sample of burnt hair of accused, which is produced as MO23. The IO also seized the burnt clothes which were on the dead bodies and also the ornaments under various mahazars and sent the seized articles to the RFSL, Mysuru and some of the seized articles were also sent to the FSL, Bengaluru to detect the presence of petroleum and kerosene residue in the said properties. Thereafter, having collected MLC extract relating to the injured and having completed the investigation, pending receipt of FSL and RFSL report, charge sheet was filed. The accused was in custody and charges were framed against him and the accused did not plead guilty and claims the trial.

5. The prosecution in order to prove the charges leveled against accused, examined PW1 to PW15 and marked the documents at Ex.P1 to P83 and also marked the material objects at MO1 to MO26. The Exhibits at ‘D’ series are also marked during the course of cross-examination of witnesses. After the conclusion of the prosecution evidence, the accused was subjected to 313 statement and he has denied the incriminating circumstances, but he has not given any explanation and also not led any defence evidence.

6. The Trial Court having considered both oral and documentary evidence placed on record disbelieved the evidence of PW1, PW2 and PW8, who are the star witnesses of the prosecution that is the eye witnesses and the Trial Court also disb