The judgment emphasizes the need for circumstantial evidence to be fully and cogently established, consistent only with the hypothesis of the guilt of the accused, and of a conclusive nature to sustain a conviction.

Sreedharan, J.

Sessions Court, Manjeri convicted accused 1 and 2 in S.C. 20 of 1993 for offences under Ss.302, 201 and 392 read with S.34 of the Penal Code. First accused was thereupon sentenced to death under S.302 of the Code and directed to be hanged under S.302 of the Code and directed to be hanged by the neck till he is dead. For the offences under S.2011.P.C., he was sentenced to undergo rigorous imprisonment for five years and under S.397 to suffer rigorous imprisonment for seven years. The death sentence passed against the first accused has been sent up for confirmation and hence R.T. 5/ 1993. First accused challenges the conviction and sentence in Criminal Appeal 889/ 1993. Learned Sessions Judge sentenced the second accused for imprisonment for life under S.302 of the Penal Code. He was again sentenced to undergo rigorous imprisonment for five years and seven years under Ss.201 and 397 respectively of the Penal Code. He questions the conviction and sentence in Appeal 891/1993.

2. Short facts which led to this case are as follows: - One Sivadasan, who was a goldsmith working in Kodangad market, was missing from the evening of 7-9-1991-. His relatives searched for him in all possible places. When the attempt to trace him failed, they lodged a complaint before the police on 9-9-1991. On the basis of that complaint, police registered Crime 308/1991 of Kondotty Police Station, as "man missing". The police also could not find out the whereabouts of Sivadasan. On 5-10-1991, his skeletal remains, soiled dress and watch were found in the paddy field of PW-2, in which harvesting was being done by his employees. The servants informed PW-2 of these articles seen in the paddy field. PW-2 then visited the paddy field and verified the truth of the information given to him. Thereupon he went to the police station and informed the police. On getting that information, police sent Ext. P6 report to Court stating that the skeletal remains are of the missing man Sivadasan and so the case is being investigated for offence under S.302 of the Code. Necessary steps were taken by the police to guard the scene. Next day morning, 6-10-1991, Circle Inspector of Police, PW-39, came to the scene, prepared inquest, scene mahazar, etc. He got the services of PW- 36, Police Surgeon attached to District Hospital, Manjeri and arranged for site postmortem examination. Circle Inspector questioned witnesses on 7-10-1991, arrested first and second accused at 1.45 P.M. and 3.15 P.M. respectively on the same day and virtually completed the investigation by the night of 7-10-1991 itself.

3. The prosecution case is that every night Sivadasan was taking all valuables in his shop in a bag to his house for safety and it was being taken back in the succeeding morning when he goes to the shop. It is alleged that on 7-9-1991 there was substantial quantity of gold with him. Knowing that, the first accused, who was friendly with Siyadasan, conspired with second accused to do away with the life of Sivadasan. In implementation of the common intention of both accused, first accused enticed the deceased to Kaithakkal padom, a lonely place. While the deceased was walking in front, first accused made a cut from behind and also inflicted several other injuries, which caused the instantaneous death of Sivadasan. He snatched away the valuables kept in the bag by the deceased. Thereafter second accused, who was hovering around, joined the first accused; they together dragged or removed the dead body to a distance of about 350 feet north and hid it in the paddy field. Seeing the skeletal remains and clothes within the paddy field, it has come out that Sivadasan had been murdered and buried in that paddy field.

4. First accused was arrested at 1,45 P.M. on 7-10-1991 and second accused was arrested at 3.15 P.M. It is the prosecution case that on the basis of the information given by the first accused, gold ingot weighing about 40.200 gms., some silver ornaments, chopper, u