Deepak Gupta, J.(Oral)-This appeal is directed against the JUDGMENT of the learned Sessions Judge, Sirmaur District at Nahan in Sessions trial No. 38-N/7 of 1994 dated 31.3.1995 whereby he acquitted the accused of having committed an offence punishable under Section 302 of the Indian Penal Code.

2. This case has some rather peculiar facts. Deceased Sumer Chand was married to Darshani Devi, daughter of accused Neem Chand. According to the prosecution, though initially the marital terms between the spouses were happy later the wife deserted the husband and more often than not went to her parental house against the wishes of her husband. The deceased felt that it was his father-in-law who was responsible for his marital problems. The deceased went to the house of his father-in-law to complain about the behaviour of his wife and also to bring back his wife to the matrimonial home. Further according to the prosecution before going to house he purchased a bottle of kerosene oil from one Dharam Pal and sprinkled the kerosene oil on his body in the house of the accused. Till this stage, there is virtually no dispute between the parties. However, as per the prosecution the intentio