Short Note : 1. On the evening of 28-5-1971 at about 8-30 P.M. Jagannath was shot dead and his body was found lying in front of the house of the accused Govinda. The first information report (Ex. P-l) was lodged at about 10-30 P.M. the same night. The report did not mention the name of the culprit nor did it make any mention of any dying declaration. According to the prosecution P.W.3 Mst. Muliya, mother of the deceased, and P.W.4 Mst. Bhaguntiya, his wife, came out of their house as soon as they heard the noise of a gun shot, that the deceased on being asked by his mother stated that he had been shot by the accused Govinda and these witnesses also saw the appellant running away from that place. The learned Sessions Judge acquitted the accused, hence the State preferred an appeal. Held: The absence of any mention of the alleged dying declaration and the name of the culprit in the FIR lodged by P.W. 1 Bhagwandin in the circumstances of the case is a strong circumstance against the plausibility of the prosecution case. No cogent explanation has been given for this serious infirmity. This by itself renders it unsafe to rely on the prosecution witnesses who claim to prove the alleged dying declaration made by the deceased. For this reason alone, this Court is of the opinion that no case for reversing the acquittal of the appellant under section 302 IPC is made out. Appeal dismissed.