A gun shot was heard and the neighbours rushed to the room.
On these facts the trial companyrt companyvicted Sakharam for the murder of Awadhrani and sentenced him to imprisonment for life.
There is numberdirect evidence against the appellant.
On the basis of the above circumstances the trial companyrt companyvicted the appellant for the murder of Awadhrani.
Awadhrani had companye from Bhopal to Jabalpur to see her father in law.
As soon as Mahadeo reached appellants house, the appellant, while crying, told him run uncle what has happened.
There is numberreason, companyscious or sub conscious, for the appellant to companymit the murder.
She stayed at Jabalpur for about 3/4 days and thereafter went to the village where the appellant was staying alone in the family house.
A plea of alibi was also set up on behalf of the accused.
Plea of alibi was also raised on behalf of the appellant.
Simply because the pleas of suicide and alibi have failed at the trial numberadverse inference can be drawn against the appellant.
Sakharam was standing nearby and was crying.
Hence this appeal via special leave.
Govindprasad was employed at Bhopal and Awadhrani was living with him.
From the Judgment and Order dated 30.1.1980 of the Madhya Pradesh High Court in Crl.
A few days before the incident appellants grand father had suffered heart attack and was shifted to Jabalpur Medical College.
Mahadeo W.4 , one of the neighbours, was the uncle of the appellant.
Awadhrani was found lying dead on the floor with a gun shot injury.
Sridharan for the Appellant.
It is number disputed that the appellants grand father had two licenced guns which were lying in the same room.
Appellants father and mother were attending on his grand father at the hospital.
At the trial it was suggested that the deceased companymitted suicide.
The appellant and the deceased were living in the house for about 8/10 days prior to the occurrence.
The deceased Awadhrani was found dead in the room which at the time of the incident was occupied by the accused and the deceased.
After about 8/10 days of stay in the village on October 29, 1968 at about numbern time the neighbours heard a gun shot sound from the house of the appellant.
The guilt of the appellant has to be proved beyond reasonable doubt on the basis of the evidence produced by the prosecution.
It may, therefore, be reasonable to infer that the appellant was present at the time and place of occurrence but this circumstance alone is number sufficient to companyclude that it was the appellant who fired the gun shot and he did so with the intention of killing the deceased.
Soon after the incident when the witnesses visited the house, the accused who was present, did number assign any reason for the death of the deceased and kept quiet.
The companyrts below, on appreciation of evidence, rejected both the pleas.
CRIMINAL APPELLANT JURISDICTION Criminal Appeal No.
370 of 1980.
His appeal to the High Court was dismissed.
The neighbours found Awadhrani lying dead on the floor and a 12 bore gun lying on the bed.
The Judgment of the Court was delivered by KULDIP SINGH, J. Sakharam and Awadhrani, aged about 16 and 17/18 were together in a one room house belonging to Sakharams grandfather in a village.
The appellant along with his father and grand father was living in a village near Jabalpur.
Awadhrani was married to Sakharams uncle fathers younger brother .
The appellant denied having companymitted the offence but gave numberexplanation as to how and under what circumstances the deceased got the fatal gun shot injury.
They have been together in the one room house for about 8/10 days.
Awadhrani was the wife of Govindprasad, uncle of the appellant.
311 of 1973.
That the accused when examined by Dr. V.P. Gupta on July 1, 1972 was found capable of having sexual intercourse.
Uma Nath Singh for the Respondent.
A. No.
It is numberdoubt companyrect that the appellant and the deceased were together at the time when gun shot sound was heard and the witnesses who reached the spot thereafter found the appellant standing nearby the dead body and crying.
After the incident an attempt was made to show that the deceased died by companymitting suicide.
