Nanavati, J. - (1.)This appeal arises out of the judgment of the Gujarat High Court in Criminal Appeal No. 97 of 1983. The High Court reversed the acquittal and convicted the appellant under Ss. 302 and 201, I. P. C.
(2.)The prosecution case was that the appellant, who is the elder brother of one Jarnal Singh, went to Ahmedabad with Ram Singh (deceased) and stayed in the residential quarter of Jarnal Singh between 24th December, 1981 and 26th December, 1981 and that during that period committed the murder of Ram Singh in the said premises.
(3.)There being no direct evidence the prosecution relied upon certain circumstances in order to prove its case. It relied upon the evidence of PW-14 Musafir and PW-2 Satnam Kaur wife of Jarnal Singh to prove that the accused and deceased had come together to the house of Jarnal Singh on 22-12-1981 at about 2.00 p.m. or 3.00 p.m. It also relied upon the evidence of PW-2 Satnam Kaur for establishing that both of them stayed in the same room and that on 24-12-1981 the accused had told Satnam Kaur that the other person who had come with him had left the house and that the accused also left on 26-12-1981 in the morning. The trial Court believed this evidence. It further held that the body that was found from her house was that of Ram Singh. It also held that the deceased was killed "within 4 corners of family quarter No. 197/8". But in the opinion of the trial Court these circumstances were not sufficient to complete the chain and lead to the reasonable hypothesis that the accused alone had caused death of the deceased. The trial Court, therefore, acquitted the accused.