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 first to a private hospital (City Hospital) and since his condition was serious. he was removed to a major hospital in the City (Medical Trust Hospital). However. he could not be saved and he slouched his head by 10 a.m.

3. First Information Statement was furnished by Majeendran's brother. Investigation was commenced on the same day. Second accused. who is alleged to have hired the services of the assailant. was arrested on 26-10-1981 at Madras. First accused (the alleged murderer) could not be arrested as he was absconding. but he surrendered before the Chief Judicial Magistrate. Ernakulam on 4-7-1984. Test identification parades were conducted by the local Judicial Magistrates in requisition made by the investigating officer.

4. Prosecution story. with more details. is the following: Majeendran was a film producer. besides his other business activities. Second accused was a rising abkari tycoon. Second accused used to receive financial help from his paternal uncle Ramakrishnan (P.W.50). Later. Majeendran also succeeded in receiving substantial financial help from Ramakrishnan. Second accused started feeling that he was not getting as much financial aid from his uncle as be fore or as he expected since Majeendran was extracting much money from his uncle P.W.50. This feeling burgeoned the germ of hostility in his mind against the deceased which in due course grew into ran cour. Eventually. second accused determined to finish him off. He plotted with first accused the modus operandi to liquidate Majeendran. He taught first accused how to use a revolver. On the previous day of occurrence. first accused took a room in Ideal Lodge at Thottakkattu road (a road parallel to Layam road at Ernakulam -distance between the two roads is about 200 feet). First accused checked out from the lodge by early morning on 9-10-1981. He hired an autorikshaw and proceeded to the destination. He got down in front of Veekshanam office and walked up to deceased's house. After shooting the victim. first accused escaped from the scene without taking his chappals. Thereafter. he absconded and after a very long time he surrendered before Chief Judicial Magistrate. Ernakulam. on 4-7-1984. However. second accused was arrested on 26-10-1981.

5. Learned Sessions Judge. after a detailed consideration of every item of evidence. reached the conclusion that prosecution has failed to prove either the case of criminal conspiracy or even the case that it was first accused who shot the deceased. Learned Public Prosecutor mounted a fusillade of attacks on the reasons adopted by the learned Sessions Judge/According to the Public Prosecutor. learned Sessions judge's strained reasons reflect a perverse approach to the evidence and it resulted in unmerited acquittal of both the accused. We have bee