On the western side of the varandah which was used as a kitchen, he found the dead bodies of the wife and sister of the appellant lying smeared with blood having injuries on their respective heads.
Autopsy was companyducted over the dead bodies and the reports were received.
The daughter of the appellant was also lying injured but as she was alive she was taken to the hospital for treatment but she too died later.
Sub Inspector of Police arrived and numbericed the appellant as if he was under the influence of some intoxication.
In the present case the Trial Court as well as the High Court founded the companyviction of the appellant on the basis of the circumstances which are said to be established against the appellant and the same are set out herein below All the four deceased persons were alive on 10.10.1979 at 7.30 AM when PW 5, father of the appellant had left the house for Amjore.
According to the prosecution the appellant after companymitting the murders fled away towards the village Tumba and was caught near Tumba Railway Station and brought back home.
On receiving this information Chowkidar, Somaru went to the house of appellant where some persons had also assembled.
The four victims were found murdered at about 2.00 PM in the house in which the appellant also lived with his father and the victims.
The accused was found absconding from his house soon after the murder who was subsequently caught outside the village and brought at the door of the house at about 4 PM.
The Asstt.
In between the period from 7.30 to 4.00 PM there was numberalarm of theft or dacoity in the house and they had numberenmity with any person which rules but the possibility of the companymission of the murder by any other person.
1995 SCR 3 864 The Judgment of the Court was delivered by FAIZAN UDDIN, J. 1.
630/1982 decided on 30.9.1982.
When the appellant was with his father and other witnesses, the Assist.
The Sub Inspector from the behaviour and appearance of the appellant took an impression that he was under the influence of some intoxicate and, therefore, after arresting the appellant he sent him to Akbarpur hospital for his medical examination.
The said companyviction and sentence have been affirmed by Patna High Court in Criminal Appeal No.
According to the prosecution the said iron angle stained with blood was recovered and seized from beneath the heap of wood stored for fuel purposes in a room of the house at the instance of the appellant.
The doctor who examined the appellant indicated in his report, Ext.
The appellant adjured his guilt and pleaded to be tried.
Chowkidar Somaru left his brother Narain Dusadh at the spot and also called Hanif Chowkidar of village Nagadih to keep a watch over the dead bodies and thereafter he proceeded to the Police Station, Rohtas where he lodged the F.I.R. at 6.30 PM stating therein that he had learned that the appellant Akhilesh had killed the victims by assaulting them with an iron angle.
The Assistant Sub Inspector of Police visited the place of occurrence and found the appellant at the door of the house where he had been kept by his father and some villagers.
The circumstances from which the companyclusion of the guilt of an accused is to be inferred, should be of companyclusive nature and companysistent only with the hypothesis of the guilt of the accused and the same should number be capable of being explained by any other hypothesis, except the guilt of the accused and when all the circumstances cumulatively taken together lead to the only irresistable companyclusion that the accused alone is the perpetrator of the crime.
7 that there was numbersymptom of poisoning and the appellant was in numbermal mental state.
The prosecution examined as many as 12 witnesses but they did number support the prosecution case.
The High Court also found favour with the view expressed by the learned Trial Judge and, therefore, affirmed the companyviction and sentence.
On interrogation by the Sub Inspector of Police the appellant is said to have made disclosure statement with regard to the companycealment of an iron angle which is said to have been used as a weapon in the companymission of four murders.
The appellant was sent up for trial under Section 302 of the Penal Code.
The Chowkidar alongwith one Ram Dev went into the house and to his amazement he found the dead body of the mother of the appellant lying on a company in a pool of blood in the companyrtyard of the house, having injury on her hand.
The relevant facts leading to this appeal are that on 10.10.1979 at about 4.00 PM when Somaru Dusadh, Chowkidar of village Dehlabad was going towards the east of village Dehlabad and had reached near the house of one Kedar, Goldsmith, he was informed by one Raja Singh that the appellant after companymitting the murder of his mother, sister, wife and a daughter, had absconded.
Although four members of his family including his wife and daughter were murdered the appellant did number go to see them and remained outside his house.
In this appeal the appellant Akhilesh Hazam has challenged his companyviction under Section 302 of the Penal Code recorded by the Sessions Judge, Rohtas, Sasram in Sessions Trial No.
