JUDGMENT

Mathur, J.-This appeal by special leave has been preferred by State against the judgment and order dated March 28,1989 of High Court of Karnataka by which the appeal preferred by the accused respondent Shariff was allowed and the judgment and order dated February 6, 1987 of Sessions Judge, Bangalore Rural District, Bangalore, by which he had been convicted under Section 302 IPC and had been sentenced to imprisonment for life was set aside.

2. The accused-respondent was charged under Section 302 IPC for having committed murder of his wife Muneera Begum by pouring Kerosene on her body and setting her on fire in his house at about 4.00 a.m. on July 24, 1986.

3. The case of the prosecution in brief is that the marriage of the accused with Muneera Begum took place about 10 years back from the date of the incident and thereafter they lived in the house of Madar Shariff, the eider brother of the accused. Sometime thereafter the parents-in-law of the accused gave him a site in the same village where he built a house and started living there. The deceased Muneera Begum gave birth to three children and the elder one PW3 Rasheed was aged about 8 or 9 years. The accused started ill-trea