J. B. Koshy, J.

1. Originally there were four accused in this case. The first accused became approver and he was examined in the case as PW 13. The prosecution case as correctly summarised by the Sessions Judge is as follows:

 "Prosecution case can be briefly stated as deceased Moideenkannu @ Thampy, S/o. Kochapparavuthar (hereinafter referred to as deceased) is a native of Neilippally village, Punaloor. It is alleged that the deceased had promised A2 Abraham @ Avarachan, A3 Dr. K.T. Peter (committed suicide on 30.05.1988 and hereinafter referred to as A3) and A4 Pushpangadhan @ Pushpan to counterfeit Indian currency notes for them. In this connection the deceased had received huge amounts from them for the purchase of printing press and other necessary articles, for counterfeiting Indian currency. But he has failed to do so. He has neither supplied to them counterfeit currency as promised by him nor returned the amount. When A2 to A4 demanded the repayment of the amount through the first accused Aravindan (turned Approver hereinafter referred to as PW 13) the deceased told him that he is already an accused in 4 or 5 counterfeit cases and he had to undergo sentence in connection with those case and hence nobody could do anything against him and if found necessary he will not hesitates to implicate A2 to A4 in counterfeit cases. The said threat raised by the deceased was informed to A2 to A4 by PW 13 and this has created enmity in A1 to A4 towards the deceased. Following this on 24061986 at about 8.30 P.M. A1 to A4 had conspired to murder deceased Moideenkunnu from House No. X/237 of Mulakulam Panchayath, which belongs to the second accused Abraham @ Avarachan. Following this on 25.06.1986 at about 6 A.M. A1 (approver PW 13), A3, A2 and A4 in pursuance of their common intention to murder deceased Moideenkannu assembled in the hall, which is situated in the east west direction inside the said house and A4 Pushpangadhan in order to render the deceased helpless had sprinkled chilly powder on his eyes, face and A3 caught hold of the deceased Moideenkannu by his nape and took him forcibly to the dining hall on the northern side. A2 followed them carrying a karate belt. Then A2 to A4 in pursuance of their common intention to murder Moideenkannu tied the karate belt around his neck and strangulated him. Meanwhile, A3 with the intention of murdering Moideenkannu hit him with a dangerous iron belt, which was concealed in the cover of an umbrella on his nape and back and thereby caused fatal injuries. Consequently Moideenakannu died. After the death of Moideenakannu, A2 and A3 had removed the pants and the shirt which were worn by the deceased from his body and with the intention of destroying the evidence of murder A3 had put them in the hearth and burned them. Then A2 and A3 together removed a chain weighing 1 and 1/2 soverings, a ring weighing 1/2 soverings, one seiko wrist watch and a girdle made of silver which were found in the dead body. Later the legs of the dead body was folded and the body was placed inside a gunny bag and all the accused together carried the gunny bag bundle and placed it in the dicky of Ambassador Car KLO6907 and then all of them got into the car. A2 drove the "car to the house of A3 Dr. K.T. Peter at Karuppanthara. The car reached at that house at about 11 A.M. and all the accused together took the gunny bag bundle which contained the body of Moideenakannu from the dicky of the car and carried it to the house of A3 and placed it inside a room. At about 12 in the night A3 had untied the gunny bag bundle and cut opened the stomach of the dead body using a knife and as per the instructions given by A3, A1 (approver PW 13) took a heavy granite stone and placed it inside the gunny bag along with the dead body. Following this A3 had tied the mouth of the gunny bag using a rope and then all of the accused together carried the gunny bag bundle from the house and placed it in the dicky of the said car. Again al