JUDGMENT

Hansaria, J.-This appeal is by the State and is directed against the judgment of the Madhya Pradesh High Court by which the respondent was acquitted, on appeal being preferred by him against his conviction under section 302 for having caused the death of one Munibai on 20th May, 1982 around 9 a.m.

2. The prosecution sought to establish the guilt of the respondent by adducing evidence relating to the motive of the crime; eye-witness to the occurrence; dying declaration; and recovery of the revolver from the custody of the respondent by which death had been caused, which revolver had been stolen by the respondent, a police constable, from the Police Malkhana in the night of 19th-20th May, 1982. Though the trial court accepted all these facets of the prosecution case, the High Court disbelieved all.

3. We would examine the material on record qua each of the aforesaid materials.

(i) Motive

4. What led to the killing of Munibai had connection, according to the prosecution, with the respondent having an evil eye on her. It may be stated that the respondent was a tenant and was occupying a part of the house, in which landlord PW. 3-Angad, was living, whose daughter-in-law was deceas