The judgment establishes the admissibility and significance of extra-judicial confessions, the conduct of the accused, and the sufficiency of evidence in establishing the charges under the Indian Penal Code.

PAREED PILLAY, J.

Accused 1 to 3 in S.C. 6 of 1991 of the Sessions Court, Manjeri Division have filed the appeals challenging the conviction and sentence against them by the Sessions Judge. They stood charged u/Ss. 364, 302 and 201 read with S. 34 of the Indian Penal

Code. Learned Sessions Judge found them guilty u/Ss. 364, 302, 201 read with S. 34 and u/S. 120-B of the Indian Penal Code. All the accused were sentenced to undergo rigorous imprisonment for seven years each under Ss. 364 and 120-B and for five years under S. 201 of the IPC. Death sentence was imposed upon A-1 subject to confirmation by this Court and A-2 and A-3 were sentenced to undergo imprisonment for life u/S. 302 of the Indian Penal Code.

2. Musthafa alias Muthu was found missing from the afternoon of 1-5-1990. A dead body was found on 7-5-1990 in the ravine near the Sixth Hair Pin Curve in Thamarasseri Ghats. P.W. 2, Muhammadkutty on seeing the corpse reported the matter to P.W. 30 Head Constable of Thamarassery Police Station. P.W. 30 recorded the statement of P.W. 2 and deputed two police constables to guard the scene. The dead body was not identified at that time. Ext. P-28 is the first information report.

3. As Musthafa did not return to his house on 1-5-1990, his brother P.W. 1 and others made enquiries. Till 7-5-1990 no complaint was given to the police. On questioning A-1 and A-2, P.W. 1 got the information that they had caused the death of Musthafa and had thrown him to the ravine. P.W. 1 was startled by the information. Local people who collected there informed the matter to Kottakkal Police and they came there immediately. P.W. 31, Head Constable reached the tea shop of P.W. 1 and recorded Ext. P-1 first information statement tendered by him. P.W. 31 registered Crime 79 of 1990 against A-1 to A-3. P.W. 32 Circle Inspector took up the investigation and went to the place where the dead body was seen. He prepared inquest report Ext. P-11 and seized M.O. 1 towel, M.O. 2 white shirt, M.O. 3 black pants and M.O. 4 kakki shirt. M.O. 3 and M.O. 4 were seized from the corpse. P.W. 24 doctor conducted autopsy and issued Ext. P-19 post-mortem certificate. P.W. 32 on completing the investigation laid the charge before the Court.

4. Prosecution case is based on circumstantial evidence. Motive for the crime is stated to be on account of the avaracious attitude of A-1 in not paying the amount due to the deceased. According to the prosecution, A-1 owed Rs. 23,000/- to the deceased as the latter had helped him financially to purchase a jeep and A-1 decided to do away with the deceased rather than paying the amount and sought the assistance of A-2 and A-3 to take the deceased from his house in a jeep to Wynad on the false pretext that on getting the money from Wynad he (A-1) would pay the same to the deceased.

5. Besides motive, prosecution relies on the extra-judicial confession made by A-1, recovery of incriminating articles and identification of dead body to prove its case. The judicial confessions made by A-1 and A-2, recovery evidence and the evidence of the deceased seen in the company of A-1 to A-3 were also pressed into service to bring home the guilt of the accused.

6. Motive for the crime is stated to be the scheming machinations of A-1 to avoid payment of the amount due to the deceased. P.W. 1, elder brother of the deceased stated that the latter had money dealings with A-1. P.W. 8, another brother of the deceased who was residing along with his mother and the deceased testified that A-1 owed money to the deceased. P.W. 8 deposed that deceased had told him that his auto rickshaw was hypothecated to a financier and the amount so obtained was given to A-1. As this evidence was not challenged in cross-examination, it cannot be assailed. P.W. 17 deposed that her deceased son had hypothecated his auto rickshaw and the amount so realised was given to A-1 to purchase a vehicle. She also stated that her son often used to tell her about it. P.W. 18, s