Thomas, J.

A rich businessman hired an assassin to annihilate his rival. The victim was shot dead in his own house by the assassin on the dawn of 9-10-1981. This is the nub of the prosecution case against two persons who were charged with criminal conspiracy and murder. besides same ancillary offences. Trial court acquitted both and the State has filed this appeal against acquittal. Deceased's brother Gopinathan filed a revision against acquittal. but the revision petitioner since died.

2. The victim was Majeendran whose residence was at Kaloor road (Ernakulam) near the office of Weekshanam" newspaper. Majeendran was a rising cinema producer who had other business activities also. On 9-10-1981 early morning a visitor sounded the calling bell in Majeendran's house. The servant maid of the house (P.W.3) informed the visitor that Majeendran was sleeping. But the visitor told her that he came with an urgent errand. Majeendran was then woken up by his wife. As he went and opened the front door. the visitor shot him with a firearm and ran away. Majeendran slumped down bleeding from the chest. Hearing the sound of shots. other inmates of the house rushed in. Majeendran was taken