JUDGMENT

Thomas J.-Respondent s wife (Mst. Chawli) was shot dead on 20.7.1985 while she was sleeping in her house. Respondent Bhup Singh was alleged to be the killer. Police, after investigation, upheld the allegation and challanned him. Though the Sessions Court convicted him of murder, the High Court of Rajasthan acquitted him. This appeal has been filed by special leave by the State of Rajasthan in challenge of the aforesaid acquittal.

2. Prosecution case is a very short story: Chawli was first married to respondent s brother who died after a brief marital life. Thereafter, Chawli was given in marriage to the respondent, but the new alliance was married by frequent skirmishes and bickerings between the spouses. Chawli was residing in the house of her parents. The estrangement between the couple reached a point of no return and the respondent wished to get rid of her. So he went to her house on the night of occurrence and shot at her with a pistol. When he tried to use the firearm again, Chawli s father who heard the sound of the first shot rushed towards him and caught him but the killer escaped with the pistol.

3. Chawli told everybody present in the house that she was shot at by