P. SHANMUGAM, J.

The State represented by the Public Prosecutor has filed the above appeal against the order of acquittal passed by the Third Additional Sessions Judge, Pondicherry.

2. The accused is the husband. He was charged for an offence punishable under Section 302 of the Indian Penal Code for having beaten his wife Vasanthi with a blunt object, poured kerosene over her and set fire to her, thereby committing murder by intentionally causing the death of his wife on 29.5.1992 at about 9.20 am in his house at No.95, Subbayya Nagar, Pondicherry. The Sessions Court found that the prosecution could not make out the case against the accused beyond reasonable doubt and acquitted the accused. The appeal is against this judgment.

3. The case of the prosecution is stated hereunder; the accused before the Sessions Court shall be hereinafter referred to as the respondent :

The marriage between the respondent Jayabalan and Vasanthi, the deceased took place on 5.9.1988. They have two children, one aged 2-1/2 years and the other aged six months as on the date of the occurrence namely 29.5.1992. Vasanthi, comes from a big family of six children, consisting of four sisters and two bro