JUDGMENT

S. Ratnavel Pandian, J. - This appeal is preferred by the State of U.P. on being aggrieved by the Judgment dated 11.10.1977 rendered by the High Court of Allahabad in Criminal Appeal No. 2370 of 1972 whereby the High Court has allowed the appeal, preferred by the respondent accused, namely, Dr. Ravindra Prakash Mittal.

2. The respondent took his trial on the allegations that on the intervening night of 11/12th October, 1971 inside his house in Mohalla Moreganj Police Station Kotwali, Saharanpur committed the murder of his wife Smt. Kamlesh; burnt the dead body by sprinkling the kerosene oil and thereby caused the evidence of the offence of murder to disappear with an intention of screening himself from legal punishment. On the above allegations, he stood charged under two heads, that is under Sections 302 and 201 IPC.

3. Adumberated in brief, the facts of the prosecution case can be summarised as follows:

The respondent Dr. Ravindra Prakash Mittal aged about 29 years in 1971 was a private medical practitioner at Saharanpur city. He married one Smt. Mithlesh, but the marriage was dissolved by an ex-parte decree in a suit for dissolution filed by the wife. The respondent the