The judgment emphasized the unreliability of evidence and the potential for misuse of recovery of incriminating articles, highlighting the need for careful consideration of the value of truth versus the value of justice in the legal framework.

NARAYANA PILLAI J.

At the Session, Kozhikode, five accused persons were tried in connection with the murder of one Pylee. Accused No. 5 was acquitted. Accused No. 1 was convicted under Sections 302 and 324 of the I.P.C. He was also convicted along with accused Nos. 2, 3 and 4 under Sections 201 and 342 read with Section 34 of the I.P.C. For the conviction under Section 302 of the I.P.C. Accused No. 1 was sentenced to imprisonment for life. In view of that sentence no separate sentence was awarded to him for the other convictions. Accused Nos. 2, 3 and 4 were sentenced under Section 201 to rigorous imprisonment for two years and under Section 342 to rigorous imprisonment for six months. Crl. A. 242 of 1978 is by accused Nos. 1 to 4 from their convictions and sentences. The other appeal is by the State. In that the request made is that accused Nos. 2, 3 and 4 may be convicted and sentenced under Section 302 read with S. 34 of the I.P.C., also.

2. The incident took place at or about 8.30 p.m. on October 30, 1977 on the side of the Neenangadi-Mananthavady road in Purakkadi, four kilometres to the west of Meenangadi Bazaar, on the heights of Wynad hills in the Western Ghats.

3. The relationship between Pylee and his brother, P.W. 1, on the one side and accused Nos. 1 and 5 on the other was not cordial for some time past. There was dispute between them about the use of the foot-path leading to Pylee's house. During a confrontation which took place about six months prior to the occurrence between them the first accused lost one of his fingers. There was a case and counter about that. It was during the pendency of those proceedings that the incident in the present case took place.

4. After purchase of some articles from certain shops in Meenangadi Bazaar Pylee and his servant, P.W. 2, went west along the road for going to Pylee's house. The third accused joined them. Near the scene of occurrence a lane joins the road. There is a tree near the junction where the lane and road meet. On both sides of the road are extensive coffee estates. Accused 1, 2 and 4 were standing under the tree at the junction. When they saw Pylee and others coming along the road the first accused came near Pylee and struck him on his head with the iron rod, M.O. 6. The fourth accused put his hands around P.W. 2's neck, removed him from the place and made him sit on a bund inside one of the coffee estates on the side of the road. Pylee who fell down on receiving the blow was dragged for about 10 feet into the lane. When Pylee was being dragged the second accused's cloth, M.O. 13, got caught in the root of a coffee plant and dropped on the ground. The first accused picked it up and catching hold of it at both ends folded it in pleats and after putting it around Pylee's neck pulled it tight. Accused Nos. 2 and 3 were at that time holding Pylee and accused No. 4 was holding P.W. 2. Pylee died by strangulation. When it was realised that he had died accused Nos. 1, 2 and 3 lifted him and threw him into the coffee estate on the side of the road. From there his dead body was removed ultimately to the gate of the second accused's house and thereafter, taken in a car driven by P.W. 3 to a place near the ninth hair-pin bend, more than 20 miles away from the scene of occurrence, and from there thrown down the hills into a gully. As Pylee and P.W. 2 did not return home that night Pylee's wife, P.W. 24, informed P.W. 1 about the matter. He went to the Sultan Battery Police Station and lodged there at 6 p.m. on the next day, October 31, the first information, Ext. P. 1. It was on the basis of it that the case was registered. Accused Nos. 1, 3 and 4 were arrested on November 7 and accused Nos. 2 and 5 on November 3 and 9 respectively in 1977.

5. It is sufficiently proved in the case that Pylee died due to strangulation. The post-mortem certificate and the inquest report are respectively Exts. P. 4 and P. 33. P.W. 9 is the Doctor who conducted autopsy. The dead body w