The main legal point established in the judgment is the application of the Indian Evidence Act, 1872, particularly S. 32, S. 11, and S. 14, to determine the admissibility and relevance of evidence in a case involving conflicting expert opinions and circumstantial evidence.

THOMAS, J.

This is a case is which a Sub-Inspector was shot dead inside his police station. The crucial question involved here is whether he shot himself dead or was shot at by one of his subordinates in conspiracy with others in the police station. Sessions Court found that he was shot dead by one of his subordinates. One Head Constable and two Constables (out of seven persons arraigned as accused in the trial court) were convicted and sentenced for murder and also for certain other allied offences. Other accused were acquitted. The first three appeals are those preferred by the convicted accused. Union of India filed one appeal for enhancement of sentence from imprisonment for life to death penalty and another appeal against acquittal.

2. The scene of occurrence was the Sub-Inspector's room in Panur Police Station. That date of occurrence was 12-3-1981 at 11-55 a.m. The facts of this case are simple, but evidence is much. Three different agencies have handled the investigation in this case at three different stages. The first two (local police and then crime branch wing of Kerala Police) concluded that this is a case of suicide. But the Central Bureau of Investigation (for short 'C.B.I.') reached the conclusion that this is a case of homicide and that the seven accused conspired to murder the Sub-Inspector. Evidence consists of opinions and conclusions of a number of experts. There are circumstances pointing to divergent conclusions regarding the Sub Inspector's death - suicide or homicide.

3. Earlier, these appeals were heard by a Division Bench consisting of Sukumaran and Rajasekharan, JJ. They differed in their conclusions. But Sukumaran, J. instead of pronouncing judgment, passed an order expressing his desire that the entire matter should be heard and decided by a larger bench. Under the proviso to S. 392 of the Code of Criminal Procedure, the case shall be heard by a larger bench in such circumstances. Accordingly, the Hon'ble Chief Justice constituted Full Bench.

4. The accused put forward their defence, right from the beginning, that death of Soman was a case of suicide. If it is so, a wrong conclusion by the court that it was homicide could be calamitous to the accused. The converse position is also fraught with dangerous portends. If actually they had murdered the Sub-Inspector, it would also be a calamity that the murderers become guardians of law and order. Therefore, while evaluating the evidence in this case, we remind ourselves of the serious implications involved in this case.

5. A synopsis of the prosecution case is this : Soman, the deceased, was posted at Panur Police Station and took charge as S.I. of the police station on 9-11-80. He was living with his wife (P.W. 1) and child in the police quarters. They are Harijans, who converted as Christians. Some of the subordinates in the police station developed hostility towards deceased as the latter was strict in his dealings with his subordinates. About two weeks before his death, some constables of Panur Police Station bargained for getting rupees one hundred as bribe money from a lorry driver, but the deceased who made a timely interference did not allow them to have even rupees fifty already paid by the said lorry driver. That incident was followed by some constables (including two among accused) visiting his quarters in the night in a drunken condition and threating him. Deceased got Ext. P1 anoymous letter written by third accused threatening that deceased would be murdered soon. On the date of occurrence, deceased left his house at 7-15 a.m. after informing his wife to expect him for lunch. After reaching the police station, he detailed duties to the constables. He registered an FIR on the basis of a complaint lodged by one Kunhiraman (P.W. 25) at 10-30 a.m. As the Sub Inspector was sitting in his chair inside his office room and doing his official duties, first accused (pursuant to a criminal conspiracy entered into between him and other acc