Judgment

Pattanaik, J.-This appeal by the State of Tamil Nadu is directed against the Judgment of the Division Bench of Madras High Court, against the acquittal of the respondent in Death Reference Case No. 2 of 1995, arising out of Sessions Case No. 169 of 1994. The learned Sessions Judge convicted the accused-respondent of the charge under Section 302 for having murdered his wife and two children brutally and sentenced him to death. On a reference being made under Section 366 of the Cr. P.C. for confirmation of the death sentence, the High Court did not confirm the sentence of death and on the other hand acquitted the accused of the charges levelled against him and thus the present appeal.

2. The prosecution case in nutshell is that the accused and deceased Jayalakshmi were married together about eight years prior to the date of occurrence in 1994. Out of their wedlock, two female children had been born named Jeeva, aged six years and Sita, aged two years. The accused was not having any job and was solely dependant on his wife, the deceased. He had the habit of taking liquor and for that purpose he used to often demand money from the deceased and used to assault her. On the very d