IMPORTANT POINT
There can be no question of conviction based on the evidence of an approver even if corroborated in material particulars unless the court is satisfied that the evidence of the accomplice is reliable.

JUDGMENT

Bhaskaran and Balakrishna Menon, JJ. - 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.

4. P.W. 1 is that only eye witness to the incident examined as an approver on tender of pardon by the Chief Judicial Magistrate, Quilon, as per his order, dated 2nd May 1979, under section 306 Criminal Procedure code. He speaks about the chain of events culminating in the death of Babu. The first accused aged about 18 years belongs to Anavettakongal in Idamon Village. He is a student in the Pre Degree Class and was earlier a student of the Government High School, Punalur. The second accused aged 18 years and P.W. 1 aged 19 years are students in the 10th standard of the said High School. The third accused also aged 18 years was a student of the 10th standard in the said High School, but at the time of the incident was employed as a Railway cooli. These four youngsters are friends who used to assemble in the playground of the Punalur High School, and discuss plans to make easy money. Two months prior to the incident, they had plotted the murder of a lady who used to take tiffin to her husband employed as a rapper in a rubber plantation, and rob her ornaments. That plan failed as P.W. 1 backed out of the venture. They made a plan on 4th March 1979 to murder Babu engaged in business as the foreman of a series of chitties making daily collections from subscribers. The plan was finalized on 5th March 1979. Accused 1 and 2 and P.W. 1 were to assemble at the college grounds at 8 a.m. on 6th March 1979 and to proceed by bus to the place of incident, where the third accused was to join them in the evening. P.W. 1 came to the college ground at 10 a.m. instead of at 8 a.m. He met accused 1 and 2 there. P.W. 1 was directed to bring a spare shirt from his house. The first accused went to the shop of P.W. 26 and came back after purchasing a nylon rope. P.W. 1 also came back with a spare shirt. Thereafter accused 1, 2 and P.W. 1 walked upto Placherry and boarded a bus going to Shencottah. They got down at a place called Idamon 34' and proceeded by foot at Anavattakongal near the first Railway tunnel close to Thenmala Railway Station. The scene of occurrence is said to be on road running across a eucalyptus plantation close to the Railway line. At about 2-30 p.m. they purchased cigarettes, plantains and a comb from the pan shop of P.W. 4 and came close to the Kallada canal where they saw some people at work in connection with the irrigation scheme. P.W. 5 a girl aged about 14 years belonging to that place and working in the Kallada canal saw the first accused and recognized him. They proceeded further and reached the place where there is a coolie-gang-shed. On t