IMPORTANT POINTIna case where there is no direct evidence connecting the accused with the offence circumstantial evidence relied on should be of definite tendency pointing towards the guilt of the accused and in their totally must unerringly lead to the conclusion that the offence was committed by those accused & none else.

Judgment

S. RATNAVEL PANDIAN, J.:- These two appeals are preferred by the two appellants who were jointly tried before the Court of Session, Kasargod in Sessions Case No. 83 of 1986 under seven charges framed under Sections 449, 457, 458, 392, 397, 307 and 302 read with Section 34 of the Indian Penal Code on the allegations that on 11-1-1986 after sunset and before sunrise in furtherance of their common intention committed criminal trespass by entering into the building belonging to PW 7 (Parvathi Amma) and brutally attacked Pushpa and Gopalakrishna resulting in their death in the course of the commission of robbery and also caused injuries to PWs 7 and 8 by beating them with a spade. The case of the prosecution as unfolded from the evidence in brief is as follows:

2. PW 7, her son PW 8, daughter Pushpa (the deceased herein) and a relation by name Gopalakrishna (another deceased in this case) were residing in the house of PW 7 in Kudlu village, adjoining Kasargod town in Kasargod district. This district is at the northern end of Kerala State and adjoining the Karnataka State. The house was a small one consisting of two rooms and one verandah with two doors on both sides. The walls of the house were such that one could climb over, and make entry. On the night of 11th January 1986, as usual, PW 8 and the deceased Gopalakrishna took their beds in the verandah while PW 7 and deceased Pushpa slept inside. Pushpa was wearing gold ear studs (M.O. 2) and nose stud (M.O. 3). PW 8 was wearing a wrist watch (M.O. 1). These two appellants residing in a border village in Karnataka State, namely, Talappaddi came to the scene house taking M.O. 4 (a spade) which was lying in the courtyard of PW 6 situated 200 metres away, from the scene. They battered PW 8 and Gopalakrishna with M.O. 4 and removed M.O. 1 from PW 8. Thereafter they entered the room wherein the deceased Pushpa and PW 7 were sleeping questioning where they had kept their gold ornaments and money. PW 7 who woke up by then replied that there was no gold or money in the house except some coconuts in the courtyard. The appellants attacked PW 7 and Pushpa with M.O. 4 and removed M.Os 2 and 3 from the person of Pushpa and escaped through the back door. On receipt of the injuries, Pushpa succumbed at the spot.

3. On the next morning at about 11.00 a.m., PW 2 a boy aged about ten years who used to deliver plantain leaves to PW 7 on" every Friday and Sunday came to the scene house and found PW 8 and Gopalakrishna lying injured on the verandah. He rushed to the house of PW 3, the elder daughter of PW 7 and informed her of what he had seen. They all came back to the scene house and found Gopalakrishna and PW 8 lying speechless in the verandah in a pool of blood. On opening the door, to her shock, PW 3 found PW 7 lying with bleeding injuries and Pushpa dead. She found MOs 2 and 3 from the person of Pushpa and M.O. I of PW 8 missing. Inside the house, the household articles and vessels were found strewn and glass splinters scattered. PW 3 sent PW 10 to fetch PW 1. By then a passing police jeep driven by PW 24 was stopped and PWs 7, 8 and Gopalakrishna were removed to the Government Hospital, Kasargode where they were admitted by PW 10, a Medical Officer. Thereafter, all the three injured were taken to the Government Wenlock Hospital, Mangalore where they were treated by PW 12.

Meanwhile, PW 1 came to the scene and went to the Kasargod Police Station where he gave a report Ex P 1 on the strength of which PW 27 (Head Constable) registered a case in Crime No. 14 of 1986 under Sections 449, 397 and 302, IPC against some unknown persons. The Deputy Superintendent of Police, Crime Detachment, Kasargod (PW 33) took up investigation. He held inquest over the dead body of Pushpa and noticed MOs 4 to 24 lying at the scene. On a requisition from PW 33, the Finger Print Expert (PW 30) reached the scene and found certain glazed articles like Pooja vessel and broken glass pieces lying scattered. He found par