ORDER

The State in appeal by special leave against an order of acquittal dated 13th November, 1991 recorded by the High Court of Madhya Pradesh in Criminal Appeal No. 513 of 1987.

2. Accordingly to the prosecution case, on 16th January, 1986 in village Aabgari, Police Station Udaigarh, Distt. Jhabua, the respondent allegedly fired a shot from his licensed gun hitting deceased - Gulab Singh, who succumbed to injuries at the spot. The occurrence is alleged to have taken place at about 6 p.m. and was witnessed by Soni Bai, PW 1 widow of the deceased and his son Bhanwar Singh, PW 2; as also by Bhuru, PW 3 whose house is located in front of the house of the deceased. The first information report was lodged by Soni Bai, PW 1 at Police Station, Udaigarh next day, i.e. on 17th January, 1986 at 13.15 hours. At that time she was accompanied by Tej Singh, watchman PW 7. After recording the First Information Report, investigation was taken in hand by Shri T.S. Thakur, SHO PW 5. He prepared the injury statement at the spot and after spot inspection and verification sent the body for postmortem examination, which was conducted by Dr. Kishore Kumar Mirkar - PW 6 on 18th January, 1986. The responden