IMPORTANT POINT
Appreciation of evidence discussed.

Judgment :-

Dr. B.S. Chauhan, J.

1. This appeal has been preferred against the judgment and order dated 10.12.2009 delivered by the Kerala High Court at Ernakulam in Criminal Appeal No. 86 of 2006, by way of which it has affirmed the judgment and order of the Sessions Court, Kottayam dated 3.1.2006, passed in Sessions Case No. 145 of 2005.

2. Facts and circumstances giving rise to this appeal are:

A. As per the case of the prosecution, the appellant at the relevant time had been working as the Deputy Superintendent of Police at Malappuram, and his wife was living at Palluruthy, and was using a vehicle which was driven by Praveen (deceased). He was also related to the appellant. Praveen developed an illicit relationship with the appellant’s wife, and the appellant was informed of this development by his Manager, Aji. The appellant reached Palluruthy, and made enquiries about the situation from Praveen and others, and his relatives tried to resolve the aforesaid matter. In the presence of other relatives, the matter was then amicably settled. Praveen (deceased), was asked not to come to appellant’s house thereafter, and thus Praveen left and began working in a shop at Ettumanoor, as a driver.

B. During this period, on 25/26.11.2004, Vijayamma, relative of Praveen (deceased), and N. Sahadevan PW.2’s father, informed Pavithran (PW.1), father of Praveen, that Praveen was in danger as Vijayamma had found out about the illicit relationship that Praveen had developed with the appellant’s wife.

C. N. Sahadevan, PW.2’s father informed Pavithran (PW.1), Praveen’s father who resided at Trivendrum, via the telephone of this danger to Praveen’s life. Pavithran (PW.1) immediately informed his brother and requested him to help Praveen, as he may not be spared by the appellant. N. Sahadevan, PW.2’s father, went and brought Praveen to his own house, whilst informing everybody, that his mother was seriously ill. The appellant asked N. Sahadevan, PW.2’s father, in conversation over the telephone about Praveen, and directed him to bring Praveen back. PW.2’s father then took Praveen back. When the meeting took place in the presence of various relatives, the appellant (A-1), attempted to assault Praveen, but they were separated by other persons. Praveen pleaded his innocence, and told the appellant that Aji had played this dirty game for some personal gain. However, when Aji was called to participate in the said meeting, he stood by his version of events and stated that he had seen Praveen and the appellant’s wife in a compromising position. The appellant told Praveen to leave the said place and to not enter the city.

D. Praveen was brought by Jilesh M.S. (PW.2), and taken to Trivendrum for treatment. Praveen told his father after a period of 2/3 days that it was not safe for him to stay in hospital as 2/3 gundas had been roaming around in the hospital. Thus, he went back to the city and sought employment.

E. On 15.2.2005, Divakaran (PW.7), neighbour of Vinu (A-2), while coming out of a bus stop, saw Vinu (A-2) coming on a motor bike while Praveen was standing in the market. Vinu (A-2), stopped the bike and took Praveen towards Kottayam. They then went to a bar, had drinks as were served to them by Saiju (PW.9), and came out of the bar at 8.30 p.m., after which they ate at a ‘thattukada’ (a small petty shop), where they were served by Jose (PW.8), an employee of the ‘thattukada’. Mohammed Sherif @ Monai (PW.13), who was the owner of the ‘thattukada’, saw the appellant (A-1), coming in a Maruti car. In the said car, there were also some other persons. They had coffee, as was served to them by Jose (PW.8), and seen by Mohammed Sherif @ Monai (PW.13). The appellant (A-1) went back to the car and started driving. Other persons also joined him, and Vinu (A-2), along with Praveen, left on a Motor Cycle. Vinu (A-2) lifted his hand and proceeded further. The Maruti Van followed them. They all left the city at about midnight, and drove into the jungle.

F. Shanavas (P