JUDGMENT

Dr. ANAND, J.:—This appeal by special leave, is directed against the judgment of the High Court of Delhi dated 12th of November 1984#, setting aside an order of the Additional Sessions Judge New Delhi, acquitting the appellant of an offence under Sections 302/ 203, IPC.

# Reported in 1985 Cri LJ NOC 117.

2. The prosecution case is that on the fateful night of 25th/26th July, 1976, the appellant and his wife, Usha Jain, went to sleep in the back verandah of their house situated at P-5, Green Park Extension, New Delhi while his brother M. P. Jain along with his wife Sharda and children went to sleep separately in their bed-room in the same house. Police Control Room was informed over the telephone by Sulekh Chand Jain at 4.55 AM that an incident had taken place at P-5, Green Park Extension and on receiving the telephone message, S.I. Mauji Ram made a record of it in the daily diary and passed on the information to the duty officer at police station Hauz Khas. ASI Maha Singh was deputed to proceed to the spot for investigation of the case. After reaching the spot, the said ASI Maha Singh informed the police station on telephone that a murder had taken place. The information so