STATE OF KERALA Vs. THOMAS CHERIYAN

JUDGEMENT

(1.) The Judgment of the court was delivered by Balakrishna Menon, J. - This appeal is by the State against the acquittal of accused 1 to 3 in Sessions Case No. 61 of 1979 on the file of the Court Session, Quilon. The accused were charged under sections 120-B, 302 and 392 read with section 341 Indian Penal Code for having committed the murder of one Titus Jacob alias Babu (hereinafter referred to as Babu) on 6th March 1979 at about 6-45 p.m. at a place called Anavettakongal in Idamon Village Quilon District.

(2.) The accused pleaded not guilty to the charges framed against them. The prosecution relied on the evidence of an approver P.W. 1 the circumstantial evidence and the alleged recovery under section 27 of the Indian Evidence Act of material objects said to have been used in connection with the crime.

(3.) The lower court rejected the evidence of P.W. 1 as totally unreliable and disbelieved the evidence of witnesses examined to make out circumstantial evidence to connect the accused with the crime. The recovery of material objects relied on by the prosecution was found to be brought about by the investigating officer and was not a true and genuine recovery. On these findings, the lower court held that the prosecution has failed to prove that the accused committed the crime and they were accordingly acquitted of the charges framed against them.