Judgment

JUDGMENT - This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court where by the respondent accused was acquitted in reversal of the conviction recorded by the Sessions Judge under Section 302 I P.C. in Sessions Case No.4 of 1975. The facts of the case, briefly stated, are as under:-

2. On the evening of 27th October; 1974, at about 6.00 p.m. the respondent-accused and his wife Laxmi Bai were in their house in village Kodakpura. Shrieks of a lady were heard by one Thakurain and she reported the matter to P.W. 2 Wazir Khan, a neighbour, and requested him to inquire into the matter. Wazir Khan went to the house of the accused and found the door bolted from within. He, therefore, knocked on the door but there was no response. Thereupon he abused the inmates, yet there was no response and so he withdrew to a distance of 8 or 10 paces. Thereafter the accused opened the door, emerged from within and ran away towards the jungle. Information in regard to this incident was conveyed to the police by the village chowkidar P.W. 4 Prem Raj, who was informed about the incident by the accuseds father Bharu Lal (not examined). On the basis of informatio