Accused convicted and sentenced to imprisonment for life.

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 brothers. She was employed as a Nurse in the T.B. Hospital, Pondicherry and the respondent was employed as a Teacher in Alankuppam Government School, Pondicherry. It was an arranged marriage and the couple were living separately, just opposite to the house of Vasanthi's parents, the two houses being divided by a 20' wide road. The respondent used to collect all the salary of Vasanthi and used to be very strict in allowing her to spend her money and he was in the habit of suspecting the fidelity of Vasanthi whenever she used to talk with a male person. Because of this, there used to be frequent quarrels between the couple. Some time in July 1992, two months prior to the death of Vasanthi, she is said to have complained to her parents that she could not live with the respondent any longer and that she had an apprehension that if she continued to live with him, he will kill her. However, her parents persuaded her to adjust with him since she had three younger sisters yet to be married and thereafter, she went back to her husband's house. Just 15 days prior to her death, there was a quarrel between the couple in connection with the ear-boring ceremony of their children. While the respondent wanted to spend lavishly and celebrate the ceremony along with the ear-boring ceremony of his brother' children, for which the deceased did not agree, but wanted a function as simple as possible without much expenditure. The ear-boring ceremony was fixed on 1.6.1992.

4. While so, on Friday, the 29th of May 1992, Vasanthi came to her parents' house with her daughter and six months old son and took her breakfast. Thereafter, she went back to her husband's house. The girl was taken to her school by Vasanthi's sister. After she left her parents' house, Vasanthi's father took his wife, i.e. Vasanthi's mother to the Government Hospital, Pondicherry for some treatment. At about 9.10 am, when the baby started crying, Vasanthi's younger sister Chitra took the child, went to her sister's house which was opposite to their house, left the child there after informing about the same to her sister Vasanthi.

5. At about 9.25 am on 29.5.1992, the brother and sister of Vasanthi heard her screams. Immediately, they went to their sister's house and found the respondent jumping and coming out from the bathroom without any clothes on his body. It was noticed that he had suffered burn injuries. The respondent is said to have requested P.W.1, the brother of Vasanthi, who had come there upon hearing the screams of her sister, to call for an auto-rickshaw. P.W.1 took up the baby and handed him over to his sister Chitra and requested Narayanan, their neighbour to fetch an auto-rickshaw. When the auto came, the accused got into it along with P.W.6, who was asked to accompany him. He went to the Jawa