Hon'ble Judges/Coram:
G.B. Pattanaik, M. Srinivasan and N. Santosh Hegde ORDER
G.B. Pattanaik, J.
1. This appeal by the State of Tamil Nadu is directed against the Judgment of the Division Bench of Madras High Court, against the acquittal of the respondent in Death Reference Case No. 2 of 1995, arising out of Sessions Case No. 169 of 1994. The learned Sessions Judge convicted the accused-respondent of the charge under Section 302 for having murdered his wife and two children brutally and sentenced him to death. On a reference being made under Section 366 of the Cr.P.C. for confirmation of the death sentence, the High Court did not confirm the sentence of death and on the other hand acquitted the accused of the charges leveled against him and thus the present appeal.
2. The prosecution case in nutshell is that the accused and deceased Jayalakshmi were married together about eight years prior to the date of occurrence in 1994. Out of their wedlock, two female children had been born named Jeeva, aged six years and Sita, aged two years. The accused was not having any job and was solely dependant on his wife, the deceased. He had the habit of taking liquor and for that purpose he used to often demand money from the deceased and used to assault her. On the very date of occurrence, there was a quarrel between the accused and the deceased at about 7 P.M. and it continued till about 9 P.M. PW 1, a close by neighbour however interfered and pacified, whereupon, she returned to her house which was hardly 150 feet away from the house of the accused. P.W. 4 was present there in the house of PW 1 and was sleeping. Suddenly, he heard the cries of the eldest daughter of the deceased and when he came out, he found that the hut of the accused was on fire. PW 1 and PW 4 then came near the house of the accused, whereupon PW 4 entered into the hut of the accused by jumping from the roof and rescued the eldest daughter. By that time, wife of the accused and the youngest daughter Sita had already become victims and had met their death. PW 4 then took the eldest daughter to the Government Hospital at Thuraiyur. PW 1 went to her father PW 2 and narrated the incident. This was recorded by PW 2 and was sent to the Padalur Police Station. The further prosecution case is that PW 5 met the accused on 11.4.94 at the bus stop and on questioning the accused about the setting fire of his house, he had stated that the deceased refused to serve meals to him and was also not giving money and as he had doubts about her chastity, so on the previous night he strangulated the deceased and has killed her. He also further said that he poured kerosene on the dead body of the deceased and set fire to the body. The eldest daughter, Jeeva was examined by doctor PW 8 and extensive burn injuries on her person were found. She however died in the hospital on 11.4.94 at 7 P.M. The Sub- Inspector of Police on the basis of statement received from PW 2, registered a case under Sections 436 and 302 I.P.C. and started investigation and on completion of investigation, submitted the cha........