Central Bureau Of Investigation vs Mohd.Parvez Abdul Kayuum on 5 July, 2019
In Eshwaraiah & Anr. v. State of Karnataka, (1994) 2 SCC 677,
this Court has observed in this regard thus:
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Eshwariah vs State Of Karnataka on 27 January, 1994
Puneet Tripathi vs State Of U.P. on 4 August, 2023
In Eshwaraiah Vs. State of Karnataka, (1994) 2 SCC 677, the facts were that a man and a woman were found hiding under a bed in the bedroom of the person who was laying dead of injuries, it was held that the burden lay upon them to explain their presence and, also the circumstances in which the deceased met his death.
Asokan vs State Of Kerala on 4 June, 2009
52. But, in Eshwaraiah and another V. State of Karnataka
[1994 (2) SCC 677], the apex court had occasion to consider a case
where a homicide took place in a house bolted from inside, to which
entry for any one from outside was impossible. Accused was found
with the deceased inside the room who was lying dead with injuries on
his person. No explanation was offered by the accused. The court held
that since the murder took place inside the home in the presence of both
the accused, they had to explain as to how it had happened.
Kaushal Prasad vs State Of Madhya Predesh on 20 December, 1995
In Eshwaraiah and another v. State of Karnataka (1994) 2 SCC 677 (SIC), it has been observed as under:-
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