STATE OF KERALA Vs. VIJAYAN ALIAS RAJAN

JUDGEMENT

(1.) A rich businessman hired an assassin to annihilate his rival. The victim was shot dead in his own house by the assassin on the dawn of 9-10-1981. This is the nub of the prosecution case against two persons who were charged with criminal conspiracy and murder, besides same ancillary offences. Trial Court acquitted both and the State has filed this appeal against acquittal. Deceased's brother Gopinathan filed a revision against acquittal, but the revision petitioner since died.

(2.) The victim was Majeendran whose residence was at Kaloor road (Ernakulam) near the office of "Veekshanam" newspaper. Majeendran was a rising cinema producer who had other business activities also. On 9-10-1981 early morning a visitor sounded the calling bell in Majeendran's house. The servant maid of the house (PW 3) informed the visitor that Majeendran was sleeping. But the visitor told her that he came with an urgent errand. Majeendran was then woken up by his wife. As he went and opened the front door, the visitor shot him with a firearm and ran away. Majeendran slumped down bleeding from the chest. Hearing the sound of shots, other inmates of the house rushed in. Majeendran was taken first to a private hospital (City Hospital) and since his condition was serious, he was removed to a major hospital in the City (Medical Trust Hospital). However, he could not be saved and he slouched his head by 10 a.m.

(3.) First Information Statement was furnished by Majeendran's brother . Investigation was commenced on the same day. Second accused, who is alleged to have hired the services of the assailant, was arrested on 26-10-1981 at Madras. First accused (the alleged murderer) could not be arrested as he was absconding, but he surrendered before the Chief Judicial Magistrate, Ernakulam on 4-7-1984. Test identification parades were conducted by the local Judicial Magistrates in requisition made by the investigating officer.