1. This revision is preferred by P.W.1 Tmt. Saroja, Wife of the deceased Gnanasundaram, against the order of acquittal passed by the learned Sessions Judge, Thanjavur on 13. 1991 in S.C. No. 49 of 1990.

2. The summary of the prosecution case is that on 12. 1988, at about 6 p.m., the accused on account of prior enmity hacked the deceased Gnanasundaram with aruval on his right side of the head, on his left side of the head, and on the other parts of the body, and as a result of the same, Gnanasundaram died on the spot.

3. The case was committed by the learned Judicial Magistrate No. I, Tanjore for trial to the Sessions Judge, Tanjore. The Sessions Judge after framing charges against the accused under Section 302 read with 34, conducted the trial of the case. On behalf of the prosecution 1 1 witnesses were examined. Exs.P1 to P17 and M.Os.1 to 36 were marked. Learned Sessions Judge, Tanjore, ultimately held that the charge against the accused has not been made out and acquitted the accused. Hence this revision.

4. The case of the prosecution as testified to by the witnesses is as follows:-

P.W.1 Saroja is the wife of the deceased Gnanasundaram Thevar. P.W.2 Vembayya