ORDER

On 2nd October, 1983 in the morning, Smt. Sukhi, aged 70 years, was murdered. Respondent, her adopted son, was tried for offences under Sections 302 and 447 IPC in connection with that murder. The trial Court, vide judgment dated 30th June, 1984 convicted the respondent for the offence under Section 302 IPC and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine, to further undergo rigorous imprisonment for one month. He was also convicted for the offence under Section 447 IPC and sentenced to three months rigorous imprisonment. The substantive sentence of imprisonment was, however, directed to run concurrently. The respondent challenged his conviction and sentence through an appeal in the High Court of Judicature at Rajasthan, Jodhpur. This appeal by special leave has been filed by the State questioning the order of acquittal.

2. The trial Court as well as the High Court took note of the fact that the entire case of the prosecution revolved around eye witness account given by PW 9 Jetha Ram and PW 11 Gulla Ram, besides the medical evidence provided by PW 12, Dr. Jugal Kishore and recovery of certain other articles fro