The court affirmed that a prosecution's reliance on uncorroborated testimony is inadequate for a murder conviction, emphasizing the necessity for reliable evidence to ensure justice.

1 The appellants have been convicted by the Sessions Judge of Quilon for the offence of murder and they have both been awarded the extreme penalty of law. The case against them was that on the night of 13-9-1962 in furtherance of their common intention they caused the death of one Varghese Francis alias Vava.

2 Pw 6 Thankamma is the sister of the first accused. The second accused is her husband. They are all living in one and the same house. The prosecution case is that the accused suspected that the deceased was having illicit intimacy with Pw 6 and they decided to put an end to his life. The case is that on the date of occurrence, when the deceased visited their house the second accused caught hold of him, felled him to the ground and forcibly pressed him down and the first accused cut him with a Knife on his neck causing his instantaneous death. After the occurrence at about 9-30 P. M., the second accused is alleged to have gone to the Quilon West Police Station and lodged the first information statement alleging that the deceased had come to their house and cut his throat and committed suicide. Pw 15 the Sub Inspector of Police registered a case. The next day he went to the scene and questioned certain material witnesses. He then found that the information laid by the second accused was not true and that the appellants were the persons who had caused the death of Vava. Report was made to that effect to the Magistrate and Pw 15 continued his investigation against the appellants. The accused were said to be absconding and were arrested by Pw 15 only on 22-9-1962. Pw 16 the Circle Inspector of Police verified the investigation made by the Sub Inspector and laid the charge sheet.

3 When questioned generally on the prosecution evidence in the committing Magistrate's Court the accused only stated that they were innocent of the charges laid against them. Particular questions on the medical evidence adduced against the accused were not put to the accused and explanations were not sought for. But in the Sessions Court they were questioned in detail on each of the items of evidence and first accused then stated that at about 8.30 P.M., on the date of occurrence he heard a cry for help from the courtyard of his house, he rushed to the place, found his sister lying down and the deceased attempting to ravish her that they grappled with each other, the deceased took out a knife to stab him, he wrested the knife from him and cut the deceased in self defence. He further stated that hearing the cry Pw 9 came to their house and under his advice information was given to the Police that the deceased had committed suicide. The second accused denied his presence at the time of occurrence. He stated that he had gone out that evening and when he came home at about 9 P.M., the first accused and Pw 9 were there. The dead body of Vava was in the courtyard and Pw 9 told him that Vava had committed suicide by cutting his throat, that both of them went to the Quilon Police Station, that he waited outside and Pw 9 laid the first information to the Police.

4 The Medical evidence in the case makes it clear that Vava died as a direct result of the injury sustained by him on that day. There was only one injury on the neck. It was an incised wound about 3 1/2" x 2 1/2" x 2 1/2" situated on the anterior aspect of the neck about 2 1/2"above the supra sternal notch. On dissection of the wound it was found to have completely cut the trachia and the external jugular veins of both sides of the neck. The common carotid artery of the right side was also partially cut. It was a necessarily fatal injury and death was instantaneous, The doctor has given his opinion that it could not have been a self inflicted injury and this fact is not challenged before us. Whosoever has caused the injury would, therefore, be guilty of murder.

5 The question that arises for decision is whether the prosecution has succeeded in proving that the murder was committed by the two accused, th