JUDGMENT

S.P. Kurdukar, J.-This Criminal Appeal by Special Leave is filed by the State of Orissa challenging the judgment and order of acquittal dated 31.7.84 passed by the High Court of Orissa. The respondent/accused was put up for trial for an offence punishable under Section 302 IPC for committing the murder of his wife, Sarita Sahu. The Sessions Court accepted the evidence of dying declarations led by the prosecution being trustworthy and accordingly convicted the respondent under Section 302 IPC and sentenced him to suffer life imprisonment. The respondent preferred an appeal to the High Court of Orissa which was allowed by the Learned Division Bench of the said High Court holding that the prosecution evidence is not sufficient to hold the respondent guilty of an offence punishable under Section 302 IPC for committing the murder of his wife. It is this order of the High Court dated 31.4.84 which is the subject matter of challenge before us.

2. It was alleged by the prosecution that on the fateful night of September 19, 1979 when Sarita Sahu (since deceased) was sleeping with her mother Balmati Sahuani (P.W.4) in the outer varandah of their house in village Bilaigarh, Distt. Sund