ORDER

Delay condoned.

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the order of acquittal passed by the High Court of Madhya Pradesh, Jabalpur Bench in Criminal Appeal No. 53 of 1987 on June 28, 1990. The case of the prosecution is that on July 11, 1986, at about 6.30 p.m. while the deceased was returning after taking water from the tank, the respondent-accused came from behind and gave a blow with falia and went away. P.W.2, Ratan Singh, son of the deceased who is an eye-witness to the occurrence raised an alarm upon which P.W. 3, Vesta, P.W.4, Nawal Singh, P.W. 5, Amar Singh and others came to the scene of occurrence whereat Ratan Singh, P.W.2 narrated that the accused came from behind and attached the deceased. The deceased was taken to the hospital and was declared dead. The FIR was lodged at 9.30 p.m. on the same day. After investigation, the accused was apprehended and after all the witnesses were examined, the trial Court convicted the respondent-accused for offence of murder under Section 302, IPC and sentenced him to undergo life imprisonment. On appeal, the High Court acquitted the respondent. Hence this app