Ramkumar, J.

The appellants in these appeals are accused Nos.2 and 1 respectively in S.C.No.217/1998 on the file of the Sessions Court, Manjeri, Nirmala (A1), a woman then aged 44 years and her husband’s assistant Manoj Kumar (A2), then aged 30 years were charge-sheeted by the Circle Inspector of Police, Malappuram for offence punishable under Sections 302 and 201 read with Sec.34 I.P.C.

THE CASE OF THE POLICE

2. The case of the prosecution as narrated in the police report (charge-sheet) can be summarized as follows:-

On 10-12-1995 at or about 2 p.m. inside the 2nd room from the north (bearing Room No.IX/199 of Vengara Panchayath) of the line building used as residential quarters and standing in the ownership of Nallattuthodika Moideen Haji @ Poochi Haji and situated on the north of the Malappuram-Kooriyad public road passing through the Vengara bazaar and situated on the west of the Vengara Post Office, the two accused persons out of their enmity towards Abdul Latheef who persistently insisted on return of the money which the accused owed towards him and in furtherance of their common intention to assassinate 23 year old Latheef, intentionally and knowingly caused his death by strangulating his neck using M.O.6 plastic rope while Latheef was sitting on a chair. Thereafter the accused with the intention of making it appear that Latheef had committed suicide, tied the plastic rope on the hook on the ceiling and then left the place after locking the room. The accused have thereby committed offences punishable under Sections 302 and 201 read with Sec.34 I.P.C.

THE TRIAL

3. On the accused pleading not guilty to the charge framed against them by the Sessions Court for the aforementioned offences, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined 18 witnesses as PWs1 to 18 and got marked 14 documents as Exts.P1 to P14 and 17 material objects as Mos 1 to 17.

4. After the close of the prosecution evidence the accused were questioned under Sec.313 (1)(b) Cr.P.C. with regard to the incriminating circumstances appearing against them in the evidence for the prosecution. They denied those circumstances and maintained their innocence. In the separate written statement filed by the first accused she inter-alia stated as follows:-

This accused, her husband and two children are residing in the northern most room of the line building at Vengara and belonging to one Poochi Haji. Even though the room immediately to the south of the above quarters is also in the possession of her husband that room was not used by them except for the purpose of storing old books of the children and old clothes. As a friend of the husband of this accused, Latheef was frequently coming to their quarters. Very often he used to take rest in the southern room. Since no valuables were kept in that room, Latheef used to keep the key near the grill of the window while going out after locking the room. He used to enter that room using the key and take rest in that room even on occasions when this accused and her family members were not there. 15-12-1994 was a Sunday and she had gone to Saint Vincent Convent Hostel at Kozhikode along with the children to visit two of her other children who were inmates in the hostel. Thereafter she dropped in at her house at Kozhikode and returned during the night. At about 8 p.m. when they alighted the bus at Kooriyad junction near Vengara, the local people told them that Abdul Latheef had committed suicide inside the quarters belonging to Poochi Haji and it was not safe to go there. Accordingly, they did not go there. Several people had enmity towards her husband Dharmdas. Latheef had committed suicide. He had been undergoing treatment for mental illness. She was falsely implicated in the case on account of the suspicion as well as hostility nurtured by P.W.1. There had been communal intervention and influence also. This case has been falsely foisted against this accused who in