The main legal point established in the judgment is the requirement of proving criminal conspiracy beyond reasonable doubt. The judgment emphasizes the need for sufficient corroborative evidence to connect an accused with the commission of a crime, especially in cases of criminal conspiracy.

1. Jealousy, on account of love affair of two men with one woman, ultimately resulted in the death of one and upon conviction, sentence to life imprisonment of the other in the case out of which the present appeal has arisen. The common beloved was Krishna Kumari, respondent No. 2 (hereinafter referred to as "A2") and one of her paramours was Soman deceased, whose decapitated head and headless body were recovered from a river in Kerala. After completing his postgraduation, the deceased Soman was in the employment of Canara Bank posted at Thirurangadi Branch. The other paramour of the woman is P. Sugathan (hereinafter referred to as "Al") who, on the date of occurrence, was Sub-Inspector of Police posted at Police Station, Ramankiri.

2. Upon trial, Al and A2 were convicted for the offences punishable under various Sections of the Indian Penal Code including S.302 and sentenced to imprisonments, the maximum of which was the life imprisonment. The accused No. 3 tried with them was convicted and sentenced for the offences under S.201 read with S.34 of the IPC. The conviction and sentence of Al was upheld but the conviction of the lady, accused A2, under S.302 IPC was set aside. She was, however, convicted and sentenced under S.201 of the IPC. Feeling aggrieved, the State has filed appeal No. 784 of 1994 for setting aside the judgment of the High Court and on proof of the existence of alleged conspiracy, to convict and sentence to A2 as well. Against his conviction and sentence under S.302 and other offences under the Indian Penal Code, Al has filed Criminal Appeal No. 785 of 1993 with prayer of acquitting him of the charges.

3. Both the appeals have been heard together and are being disposed of by this common judgment.

4. The facts of the case are that deceased Soman had his college education in the University College at Trivandrum (Kerala) where initially he stayed with his elder sister who was employed in the office of the Accountant General. After about one and a half years, he shifted to the college hostel but continued visiting occasionally the house of his sister PW4. Krishna Kumari A2 was, at that time, the domestic servant of his sister. The acquaintance between Soman and Krishna Kumari developed into a love affair between the two. After his postgraduation, he got a job in the Canara Bank and was posted at Thirurangadi but his love and affection with Krishna Kumari, A2, continued. He was married somewhere in the year 1981- 82 which resulted in the breaking of his relations with A2. Thereafter, A2 developed illicit relations with Al and started residing with him as his concubine. In 1987A1 was posted as Sub-Inspector of Police at Ramankiri Police Station. Despite his having a wife living and three children, Al started living with A2 as her husband in a rented house at Kalarcode. His legally wedded wife and three children were, at that time, residing at Alleppey in another house. Even though Al and A2 had taken a house on rent in Kalarcode, they normally used to stay in the official quarters attached to Ramankiri Police Station. Out of their illicit relationship, they had got a son. In early 1987, deceased Soman accidentally came across A2 and is alleged to have revived his old intimacy and love affair. Coming to know about the intimacy of his concubine, Krishna Kumari and acquiring knowledge that Soman was making attempts to re-establish his old relationship with Krishna Kumari, Al made up his mind to put an end to the intimacy by causing his death. It was alleged by the prosecution that Al and A2 hatched a conspiracy to commit the murder of Soman and in pursuance of the said conspiracy, A2 met Soman at the Haripad bus stand on the morning of 18th July, 1987 and took him to the house taken on lease at Kalarcode. On 19th July, 1987, A2 allegedly using deceitful means, is stated to have taken Soman to the official quarters of Al and sometime after 10.30 P.M., they caused his death by suffocating him. At this stage on