Judgment

GHULAM HASAN, J. : This appeal is brought by special leave against the appellate Judgment and order dated July 31, 1953, of the Madras High Court, upholding the conviction and sentence of death of the appellant under section 120-B, read with section 302 & Section 109 of the Indian Penal Code passed by the Sessions Judge, South Kanara, on November 29, 1952.

2. The appellant A. J. Peiris was charged along with Augustine Souza and David Souza with having conspired with one Albert Patrao between November and December 1950 to Murder George, the deceased, and that in pursuance of this conspiracy George was murdered on December 20, 1950, at Kuthethur in Mangalore Taluk at about 10 P.M.

There was also a charge under section 201 of the Indian Penal Code for causing the disappearance of the evidence of murder. The Sessions Judge of South Kanara, who tried the case, convicted the appellant under section 120-B, read with section 302 and section 109 of the Indian Penal Code and sentenced him to death. The other two accused were convicted under section 302/34 of the Indian Penal Code and sentenced to death. No conviction was recorded in respect of the charge under section 201 of the Indian Penal Code.

3. The appellant Periris is a native of Ceylon who used to reside in Ceylon House, Bombay. He posed as a big diamond merchant and a prosperous business man who had numerous contacts with Maharajas and other big people as his clients. Between 1922 and 1942 he appears to have had at least ten convictions to his credit for theft, house-breaking and other offences. In 1946 he met a woman called Lucy Patrao who was then living in Bombay and married her. Lucy is the sister of Albert Patrao who figures as an approver (P. W. 60) in the case. David Souza is the maternal uncle of Lucy and Albert.

In 1947 or so Peiris set up a house in Bangalore where he met George who was then working as salesman in the Radio shop of one Suresh Trivedi (P. W. 32). George worked with Trivedi for a year and half but left him in the latter half of 1947. Early in 1949 Peiris moved to Mangalore where he took a house in which George bagan to live as a member of his household. In 1950 he moved into a house in Bijey where George continued to live in his household. This house was expensively furnished and gave an impression to the visitors that it was occupied by a prosperous man. Peiris himself was absent most of the time and visited Mangalore from time to time when he stayed in Bijey.

On September 13, 1950, the sub-Inspector of Police, Crime Branch, Mangalore, searched this house on information received from the Bombay Police, Peiris concealed himself and avoided the police. He disappeared soon after saying that he was going to Bombay. Lucy stayed with George in this house. The two became unduly familiar and conducted themselves as if they were husband and wife. George after moving into the house at Bijey took to excessive drinking. Augustine and Albert became frequent visitors to the house and the three used to go about a great deal and drink together. They became intimate friends, Georgae s immoderate drinking upset Peiris who became nervous that George might not betray him. It is alleged that George and Peiris exchanged hot words when Peiris returned to the house a month and a half after the search.

4. In November 1950, Albert was working in a restaurant in Bombay but Peiris persuaded him to leave service and come with him to Mangalore. Albert reluctantly agreed and came to Mangalore with Peiris on November 22. Peiris introduced George to him as his clerk. The story as given by the approver then proceeds that Peiris told Augustine and Albert that George was drinking heavily, was wasting his money and was creating lot of trouble. He apprehended that he might betray his secrets. He told Albert that George should be murdered.

Albert at first refused to be a party to this conspiracy but eventually agreed when he was told by Augustine that he would give the necessary help to hi