JUDGMENT

Nanavati, J - 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 Sections 302 and 201 IPC

2. The prosecution case was that the appellant, who is the elder brother of the one Jamal Singh, went to Ahmedabad with Ram Singh (deceased) arid stayed in the residential quarter of Jamal Singh between. 24th December, 1981 and 26th December, 1981 and that during that period committed in 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 PW14 Musafir and PW2 Satnam Kaur wife of Jamal Singh to prove that that accused and deceased had come together to the house of Jamal 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