IMPORTANT POINTS
Direct evidence of conspiracy is almost never available. Has necessarily to be inferred from the circumstances of the crime.
Opinion of handwriting expert cannot be relied upon for conviction.
In there is a presumption of innocence of accused unless proved guilty beyond all reasonable doubt.
In a case of circumstantial evidence it is necessary to prove a motive for the crime.

JUDGMENT

Indira Banerjee, J.

These appeals are against the judgment and order dated 21.11.2006 passed by the Madurai Bench of Madras High Court, allowing Criminal Appeal Nos. 834, 835, 836, 895, 926, 934 and 938 of 1998, setting aside the judgment and order dated 6.10.1998 of conviction passed by the Additional Sessions Judge, Pudukottai in S.C. No.108/1996, and acquitting all the eight accused persons (A1 to A8). While all the eight accused had been convicted under Section 120B of the Indian Penal Code of criminal conspiracy, A1, A2 and A7 had also inter alia been convicted under Sections 302/34 of I.P.C for murder of the deceased Raja Mohammed, hereinafter referred to as the first Deceased ('D1'), and his friend Raj Mohammed son of Ibrahim, the Accused No.4 (A4), and hereinafter referred to as the second Deceased ('D2').

2. Criminal Appeal Nos.417 and 416 of 2010 have respectively been filed by Basheera Begum, the wife of D2 who deposed in the trial as the 3rd Prosecution Witness (PW-3) and Sahul Hameedhu uncle of D1, being the complainant, who deposed as the 1st Prosecution Witness (PW-1). Criminal Appeal Nos. 408-414 of 2010 have been preferred by the State, challenging the acquittal of the eight accused.

3. The 1st Accused Jaffer AN (Al) and D2 are brothers and sons of the 4th Accused, Mohammad Ibrahim (A4). The 3rd Accused, Abdul Hameedhu (A3) is younger brother of A4 and uncle of D-2 and A-1. The 5th Accused Sheikh Dawood (A5) and the 6th Accused, Basheer AN (A6) are relatives of A1, A3, A4 and D2. The wives of A3 and A6 are sisters. The 2nd Accused Balu @ Balusamy (A2) and the 7th Accused, Krishnan (A7), both residents of Karaikudi are allegedly henchmen of the 8th Accused, Ramasamy Ambalam(A8) of Unjanai Village near Karaikudi, a friend of A3. A4, A5 and A7 have since died. A7 had died while his Appeal before the High Court was pending. The appeals against the acquittal of A4 and A5 in this Court, have abated.

4. It is the case of the Prosecution that D2, son of A4 and D1 nephew of A3 were friends. Sultan alias Sulaiman Rowther, brother of A3 and A4 and uncle of D2, who lived in Malaysia, had properties in India, which were being managed by A3. Enmity arose between A3 and D2 after the said Sulaiman took back his properties from A3 and entrusted D2 with management of the same. Fathima Beevi, daughter of Sulaiman, a Non-Resident Indian (NRI), had also entrusted D2 with her properties in India, as a result of which there was bad blood between A3 and A2. D2's demand for partition of family properties held and/or controlled by A4 gave rise to property disputes between D2 and his father (A4) and his brother (A1). D2 was embroiled in litigation in respect of properties held and/or managed by him.

5. As per the case of the Prosecution, the Accused had booked a room at the Malar Lodge Hotel at Karaikudi on 21.6.1990, where they hatched the conspiracy to kill D2. In pursuance of such conspiracy A1 purchased a lorry bearing the Registration No. TSL 6579 on or about 20/21 December 1990, through brokers, PW-6 and PW-7 under a sale agreement prepared by A5. A6 and A5 were also signatories to the sale agreement.

6. According to the Prosecution, D2 and his friend D1, both residents of Arsarkulam, left for Aranthangi around 8.30 p.m. on 28.12.1990, by Motor Cycle No.TN/1406, owned by the A4, to meet a lawyer engaged by D2. D2 drove the motor cycle and D1 was on the pillion. At about 1.00 a.m. at night, two persons, Kannan and Nagoor Gani (PW2) who had come to Arsarkulam by the last bus, informed the complainant (PW-1), uncle of D1, that D2 and D1 were lying dead in a pool of blood two or three furlongs away from the level crossing at Sarayananthal, Pappakulam and a motor cycle was lying closeby.

7. On receiving the information, PW-1 went to the place of occurrence immediately with his neighbour Mohammedhu Meera and thereafter, at about 2.00 p.m. he went to the Aranthangi Police Station and lodged a complaint.

8. In the complaint, PW-1 stated t