JUDGMENT

Desai, J. -The respondent was the accused in Sessions Case No. 7/82 on the file of the additional Sessions Judge, Mysore. He was tried for the offence punishable under Section

301, I.P.C. on the allegation that on 4-11-1981 at about 9 A.M in his house in Gousia Nagar, he committed the murder of his wife Asraf Unnisa by assaulting her with the crow-bar (M.O. 1).

2. As the accused denied the commission of the offence. P. Ws-1 to 11 were examined and Exhibits p-1 to 12 and M. Os- 1 to 17 were produced on behalf of the prosecution. Exhibits. P-1 to P-3 were got marked during the cross-examination of the prosecution witnesses.

3. Accepting the prosecution evidence, the learned trial Judge convicted the accused under Section 304 Part-II I.P.C. and sentenced him to undergo. R. 1 for five years. Hence, this appeal by the State against the acquittal of the accused for an offence punishable under Sec, 302 I.P.C. by obtaining leave.

4. The accused has not preferred any appeal against his conviction under Section 304 Part II I.P.C. as stated by the Office and the learned State P.P. Hence, the conviction of the accused under Section 304 Part-II IPC has become final. Therefore, it follo