Holding

The prosecution failed to prove a conspiracy between A1 and A2 beyond reasonable doubt, so A2’s acquittal on murder and conspiracy is justified, while A1’s murder conviction stands.

Summary

The State of Kerala prosecuted P. Sugathan (A1) and Krishna Kumari (A2) for the murder of Soman and for criminal conspiracy under Sections 302 and 120B IPC. The prosecution alleged that A1, a police Sub‑Inspector, and A2, his concubine, conspired to kill Soman after he tried to revive a past relationship with A2. The trial court convicted both of murder, relying heavily on the testimony of an approver (PW‑1) and circumstantial evidence. The Kerala High Court acquitted A2 of murder and conspiracy, holding that the prosecution failed to prove an agreement between A1 and A2 prior to the killing, though it upheld her conviction under Section 201 for disposing of the body. On appeal, the Supreme Court affirmed the High Court’s view that the evidence did not establish a conspiracy beyond reasonable doubt, granting A2 the benefit of doubt, while confirming A1’s conviction for murder. Both appeals were dismissed.

Issues considered

Whether the prosecution proved beyond reasonable doubt the existence of a criminal conspiracy between A1 and A2 under Sec. 120B IPC.
Whether the testimony of an approver (PW‑1) can alone sustain a conviction for murder and conspiracy.
Whether the High Court erred in acquitting A2 of the murder and conspiracy charges.
Whether A2’s conviction under Sec. 201 IPC for disposing of the dead body is sustainable.

Legislation cited

Code of Criminal Procedure, 1973s. 306
Indian Evidence Act, 1872s. 133
Indian Penal Code, 1860s. 120A, s. 120B, s. 193, s. 201, s. 302, s. 34, s. 342

Subjects

criminal conspiracymurdercircumstantial evidenceapprover testimonybenefit of doubtIPC Section 120BIPC Section 302IPC Section 201evidence law

Judgment

STA TE OF KERALA A
v.
P. SUGATHAN AND ANR.

SEPTEMBER 26, 2000

[D.P. MOHAPATRA AND R.P. SETHI, JJ.] B

Penal Code, 1860-Ss.302 and 120B.

Murder-Criminal conspiracy-Proof of-Held, can be establishedfrom
direct or circumstantial evidence-The circumstances should infer that there C
was agreement between two or more persons to commit an offence-
Circumstances inferred should be prior to the actual commission of ojfence-
Prosecution to discharge its onus of proving the case against the accused
beyond reasonable doubt.

Murder-Criminal conspiracy-Establishment of-Murder of an D
erstwhile paramour of Al by Al-Prosecution not establishing beyond
reasonable doubt agreement between Al and A2 to commit the crim~Effect
of-Held, A2 is entitled to acquittal on the ground of benefit of doubt.

Evidence Act, 1872-S. l 33-Witnesses-Murder-Testimony of an
accomplice-Duly corroborated by material particulars-Conviction and E
sentence-Justified-Penal Code, 1960-S.302.

Respondent-accused were prosecuted for offences under Sections 302
and 1208 of the Penal Code. The prosecution case was that 'S' while a student
had a love affair with A-2. But after his marriage their relationship broke F
down. Thereafter, A-2 developed illicit relationship with A-1, Sub-Inspector
of Police. Subsequently, 'S' came across A-2 and wanted to revive his old
intimacy and love affair. When A-1 came to know that 'S' was attempting to
revive his intimacy with A-2, he made up his mind to put an end to their love
affair by causing death of 'S. Thus, according to prosecution A-1 and A-2
hatched a criminal conspiracy to murder 'S' and in pursuance of the said G
conspiracy A-2 met 'S' at the bus stop and took him to the official quarter
of A-1. They caused the death of 'S' by suffocating him. Later, PW-1 and A-
3 also joined the conspiracy for disposing of the dead body in river waters.
Trial Court, relying upon the confessional statement of PW-1 accomplice,
duly corroborated by material particulars convicted and sentenced A-1 and H
409
410 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A A-2 for offences under Section 302 read with Section 120B and A-3 for
offences under Section 201 read with Section 34 of Penal Code. However, on
appeal High Court while upholding the conviction and sentence of A-1, set
aside the conviction and sentence of A-2 for offences under Section 302 and
1208 of the Penal Code holding that prosecution has failed to prove conspiracy
B between A-1 and A-2. However A-2 was convicted and sentenced under Section
201 of Penal Code. Hence the present appeals.

Dismissing the appeals, the Court

HELD : I.I High Court was justified in acquitting A-2 from the charges
C under Section 302 read with Section 1208 IPC by holding that prosecution
has failed to prove criminal conspiracy between A-1 and A-2 beyond reasonable
doubt (420-F-G]

1.2. The offence of criminal conspiracy can be established by direct
evidence or by circumstantial evidence. Direct independent evidence of
D criminal conspiracy is generally not available and its existence is a matter
of inference. The inferences are normally deduced from acts of parties in
pursuance of purpose in common between the conspirators. There must be
a meeting of minds resulting in ultimate decision taken by the conspirators
regarding _the commission of an offence and where the factum of conspiracy
is sought to be inferred from circumstances, the prosecution has to show
E that the circumstances giving rise to a conclusive or irresistible inference
of an agreement between two or more persons to commit an offence. As in
all other criminal offences, the prosecution has to discharge its onus of
proving the case against the accused beyond reasonable do.ubt. It h_as to be
shown that all means adopted and illegal acts done were in furtherance of
F the object of conspiracy hatched. The circumstances relied for the purposes of
drawing an interference should be prior in time than the actual commission of
the offence in furtherance of the alleged conspiracy. [416-F; 417-E-F; 418-A]
Bhagwan Swarup Lal Bishan Lal v. State oj Maharashtra, AIR (1965)
SC 682; V.C.Shukla v. State, [1980)2 SCC 665; Kehar Singh v. State, AIR
G (1988) SC 1883 and State of Maharashtra v. Som Nath Thapa AIR (1996)
SC 1744, relied on.

Yash Pal Mittal v. State ofPwyab, [1977] 4 SCC 540 and Ajay Aggarwal
v. Union of India, AIR (1993) SCW 1866, referred to.

H 1.3 In the instant case, the prosecution, to prove the existence of
ST ATE OF KERALA v. P. SUGATHAN 411
conspiracy, relied upon the testimony of PWs 4, 15, 16 and 49. From their A
statements it could only be gathered that deceased 'S' was having intimacy
with A-2 for some time in his student days and their relationship broke down
after his marriage. Some months prior to the incident, he came across
A-2 and made attempts to revive the old intimacy. Such an evidence would not,
in any way, prove that A-1 was aware of the revival of the intimacy between
erstwhile lovers. No motive for the commission of the offence of murder B
could, therefore, be inferred from the existence of such a circumstance which
is in no way directly related to be the occasion of death. The mere fact that
deceased 'S' had told PW 49 that A-2 had invited him to her house cannot
be so stretched to hold that such invitation was in furtherance of the alleged
conspiracy hatched between A-1 and A-2. There is no evidence worth any C
value to show or suggest that A-2 was averse to the revival of intimacy with
the deceased or that she had shared the secret of her love affair and its
revival by the deceased, with A-1 with whom she was living as his wife, though
without marriage. The Trial Court was, therefore, not justified in holding
that the prosecution had proved that A-1 was aware of the revival of intimacy
between the deceased and A-2. Even if he had known about the intimacy there D
was no cause or occasion for A-2 to agree with him to commit the crime of
murder. The termination of earlier relationship between A-2 and the deceased
could also not be a cause for her to share a common intention of committing
the crime particularly when she was happily living with A-1 and out of illicit
relationship they had, a son who was living at the time of the occurrence. E
Further, the establishment of fact that there was screaming of woman at the
time of commission of offence not only suggest the presence of A-2 but her
reluctance to share the common intention to kill the deceased or on seeing
him being killed, to be horrified. Thus, the alleged circumstances relied to
show the existence of conspiracy are such circumstances, which even when
believed, cannot be held to have proved, beyond reasonable doubt, involving F
A-2 in the commission of murder. [419-E-G; 420-A-G)

2.1. The testimony of PW-1, an accomplice duly corroborated by material
particulars are sufficient to convict A-2 with the commission of offence.
Thus, courts below were justified in convicting him for offence under Section G
302 of Penal Code. (423-E-F]

2.2. It cannot be accepted that PW-1 was not a reliable witness and that
there were major discrepancies in his deposition. PW-1 has been proved to
have been validly granted pardon under Section 306 of the Code of Criminal
Procedure and the accused-appellant afforded sufficient opportunity of cross- H
412 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A examining him both in the committal as well as in the Sessions case. He has
withstood the cross-examination and proved the factum of the death of the
deceased caused by A-1 and the destruction of his body by all the accused-
persons. An accomplice is a competent witness and a conviction can be based
upon his testimony if it is otherwise corroborated in material particulars.
B The whole of the deposition of PW-1 is the vivid explanation of the manner
in which the offence was committed by .A-1 in the presence of A-2 and
A-3. There is no reason to disbelieve the statement of PW-1. Besides his
ocular testimony there is sufficient corroborative evidence which connects
A-1 with the commission of the crime of murder of the deceased 'S'. Thus,
it cannot be accepted that the conviction of A-1 was solely based upon the
C testimony of PW-1 and his deposition is not corroborated in material
particulars. The circumstantial evidence produced in the case is sufficient
to conn~ct the accused with the commission of the crime.
[422-A, B, C; 423-A, E, F]

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
D 784 of I 994.
From the Judgment and Order dated 8.4.94 of the Kerala High Court in
Cr!. A. No. 450 of 1990.
WITH

E Criminal Appeal No. 785 of 1994.

Dr. Jose Varghese, K.M.K. Nair, C.N. Sr_ee Kumar, Ms. Shijatha, Ms.
Deepa and S. Manappan for the appearing parties.

The Judgment of the Court was delivered by
F SETHI, J. Jealousy, on account of love affair of two men with one
woman, ultimately resulted in the death of one and upon conviction, sentence
to life imprisonment of the other in the case out of which the present appeal
has arisen. The common beloved was Krishna Kumari, respondent No. 2
(hereinafter referred to as "A2") and one of her paramours was Soman deceased
G whose decapitated head and headless body were recovered from a river in
Kerala. After completing his post-graduation the deceased Soman was in the
employment of Canara Bank posted at Tirurangadi Branch. The other paramour
of the woman is P. Sugathan (hereinafter referred to as "Al") who, on the date
of occurrence, was Sub-Inspector of Police posted at Police Station, Ramankiri.

H Upon trial A I and A2 were convicted for the offences punishable under
STATE OF KERALA v. P. SUGATHAN [SETHI, J.) 413
various sections of the Indian Penal Code including Sectiol). 3_92, and sentenced A
to imprisonments, the maximum of which was the life imprisonment. The
Accused No. 3 tried with them was convicted and sentenced for the offences
under Section 20 l read with Section 34 of the IPC. The conviction and
sentence of A 1 was upheld but the conviction of the lady accused A2 under
Section 302 IPC was set aside. She was, however,· convicted and sentenced
under Section 201 of the IPC. Feeling aggrieved, the State has filed appeal No. B
784 of 1994 for setting aside the judgment of the High Court and on proof
of the existence of alleged conspiracy, to convict and sentence to A2 as well.
Against his conviction and sentence under Section 302 and other offences
under the Indian Penal Code, the Al has filed Criminal Appeal No. 785 of 1993
with prayer of acquitting him of the charges. C
Both the appeals have been heard together and are being disposed of
by this common judgment.
The facts of the case are that deceased Soman had his college education
in the University College at Trivandrum (Kerala) wheLe initially he stayed with
his elder sister who was employed in the office of the Accountant General. D
After about one and a half years he shifted to the college hostel but continued
visiting occasionally the house of his sister PW4. Krishna Kumari A2 was,
at that time, the domestic servant of his sister. The acquaintance between
Soman and Krishna Kumari developed into love affair between the two. After
his post graduation he got a job in the Canara Bank and was posted at E
Thirurangadi but his love affection with Krishan Kumari• A2 continued. He
was married somewhere in the year 1981-82 which resulted in the breaking of
his relations with A2. Thereafter A2 developed illicit relations with Al and
started residing with him as his concubine. In 1987 A 1 was posted as Sub-
Inspector of Police at Ramankiri Police Station. Despite his having a wife
living and three children, A I started living with A2 as her husband in a rented F
house at Kalarcode. His legally wedded wife and three children were, at that
time, residing at Alleppey in another house. Even though A 1 and A2 had
taken a house on rent in Kalarcode, they normally used to stay in the official
quarters attached to Ramankiri Police Station. Out of their illicit relationship
they had got a son. In early 1987 deceased Soman accidently came across G
with A2 and is alleged to have revived his old intimacy and love affair.
Coming to know about the intimacy of his concubine, Krishna Kumari and
acquiring knowledge that Soman was making attempts to re-establish his old
relationship with Krishna Kumari, A I made up his mind to put an end to the
intimacy by causing his death. It was alleged by the prosecution that AI and
A2 hatched a conspiracy to commit the murder of Soman and in pursuance H
414 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A of the said conspiracy A2 met Soman at the Haripad bus stand on the
morning of 18th July, 1987 and took him to the house taken on lease at
Kalarcode. On 19th July, 1987 A2 allegedly using deceitful means is stated to
have taken Soman to the official quarters of Al and sometime after 10.30 p.m.
they ~aused his death by suffocating him. At this stage one Pra~annan, who
later became.the approver and Mohanan accused No. 3 are stated to have
B joined the conspiracy, earlier hatched by Al and A2. The dead body of
Soman was removed by A I and A2 with the help of Prasannan, the driver of
the boat. They carried the dead body from the Police quarters to the boat and
thereafter the approver, as per the directions of the A I, drove the boat in the
Pamba River to some distance. When the boat reached quite at a distance in
c the river, Al cut off the head from the body of the deceased with a knife ~
supplied by the approver. The head was thrown in the river. The boat again
proceeded further. 11 caused many penetrating injuries on the abdomen of
the headless body and pushed it also into the waters of Pamba River, apparently
with the object to destroy the evidence.

D As after 18th July, 1987 Soman did not return to his house, his father
started inquiring about his whereabouts. Soman's mother, wife, sister and in-
Jaws who were at Thiruvananthapuram were contacted over the telephone to
convey the news of his missing and also to ascertain as to whether by any
chance, he had reached there. Finding no clue of the missing Soman, all his -~

relations reached to his family house and intensified his search. On 20th July,
E
1987 an FIR in.a man-missing case Crime No. 254/87 was registered at
Kayamkulam Police Station. On 22nd July, 1987 PW2 Mathew found a headless
body floating in the Pamba River. He contacted the Police at Pulimcunnu
Police Station, where on the basis. of his statement Crime No. 75/87 was
' F
registered. PW56 who was investigating Crime No. 75/87 conducted a search
of Al's official quarters at Ramankfri on 25th July, 1987 and prepared Exhibit
P-29, a search list. He deputed two police constables to guard the quarters.
The investigation of Crime No. 75/87 and Crime No. 254/87 were clubbed
together by the orders of the Dy. Superintendent of Police. DIG, Crime
Investigation directed the Dy. Superintendent of Police, Crime Branch to take
up the investigations of the case who after taking over, verified the
G investigation conducted by the former investigating officers and searched the
houses of PWl, PWS. Accused No. 3 surrendered on 1.8.1987 before the
investigating officer. Al and A2 were also arrested on that day. Various
articles were seized and super-imposition test on the dead body was conducted.

H On 21st August, 1987 Prasannan who was arraigned as Accused No.
STATE OF KERALA v. P. SUGA THAN [SETHI, J.) 415
4 expressed his willingness to make a confessional statement which was A
recorded by the Judicial Magistrate on 27th August, 1987 after giving him
necessary statutory warning. Thereafter an application was filed before the
Chief Judicial Magistrate, Alappuzha submitting that Prasannan was willing
to give a full and true disclosure of the whole circumstances within his
knowledge regarding the commission of the crime and he may be made an
approver. After perusing his confessional statement, the Chief Judicial B
Magistrate summoned Prasannan PWl and recorded his statement. He was
tendered pardon under Section 306 of the Corie of Criminal Procedure.

.. The Judicial Magistrate, First Class, Ramankiri committed the accused
to the Court of Sessions. The order of committal was challenged by the
accused persons on the ground that PWl, who accepted the pardon had not
C
been examined under Section 306(4) of the Code of Criminal Procedure before
commitment of the case to the Court of Sessions. The High Court vi de order
passed in Cr. M.P. 327/87 quashed the committal order and directed the
. Magistrate to proceed afresh in accordance with law and comply with the
provisions of Section 306(4)&(5) of the Code of Criminal Procedure. The D
accused persons were granted an opportunity to cross-examine the approver
at the time of recording of his statement under Section 306. The statement of
the approver was recorded as per the directions of the High Court and all the
three accused again committed to the court of Sessions to stand trial for
various offences under the Indian Penal Code.
E
The prosecution examined 63 persons as witnesses in the case and the
accused produced 6 witnesses in their defence. As noted earlier, the Trial
Court convicted A 1 and A2 and sentenced them to undergo rigorous
imprisonment for three years under Section 193, 5 years rigorous imprisonment
under Section 201, 6 months under Section 342 and imprisonment for life F
under Section 302 read with Section 120B of the IPC. All the sentences were
to run concurrently. Accused No. 3 was sentenced to undergo rigorous
imprisonment for one year under Section 20 I read with Section 34 IPC. The
High Court relied upon the testimony of the approver but found on facts that
the prosecution has failed to prove the conspiracy between A I and A2 before
the murder of Soman and acquitted her for offences under Section 302 and G
120B, IPC. However, she was found to be guilty of the offence punishable
under Section 20 I IPC and sentenced to the period of imprisonment she had
already undergone by that time which was treated as sufficient in the
circumstances of the case.

Dr. Jose Varghese, learned Advocate appearing for the appellant-State H
416 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A urged that the High Court committed a mistake of Jaw in holding that the
criminal conspiracy between Al and A2 for murdering·deceased Soman has
not been proved. According ~o him there was sufficient evidence in the form
of various circumstances brought on record to prove the existence of
conspiracy. The conduct of A2, the factum of her posting some letters got
written from the deceased before his murder, inducement by her to the deceased
B to come at the residence of A2 and her active participation in destroyjng the
dead body are stated to be sufficient circumstances which would lead to
irresistible conclusion of the existence of conspiracy.

Criminal conspiracy is defined under Section 120(A) of the Indian Penal
C Code as under:
"Definition of criminal conspiracy.
When two or more persons agreed to do, or cause to be done.
(I) an illegal act, or
D (2) an act which is not illegal by illegal means, such an agreement is
designated a criminal conspiracy:

Provided that no agreement except an agreement to commit an offence
shall amount to a criminal conspiracy unless some act besides the
agreement is done by one or more parties to such agreement in
....
E pursuance thereof.
Explanation-It is immaterial whether the illegal act is the ultimate
- object of such agreement, or is merely incidental to that object."

Section 120B prescribes the punishment for criminal conspiracy which
F by itself is an independent offence, punishable separately from the main
offence. The offence of criminal conspiracy can be established by direct
evidence or by circumstantial evidence. Section I 0 of the Evidence Act
introduces the doctrine of agency and will be attracted only when the court
is satisfied that there is reasonable ground to believe that two or more
G persons have conspired together to commit an offence or an actionable
ground, that is say, there should be a prima facie evidence that the person
was a party to the conspiracy before his acts can be used against the co-
conspirators. This Court in Bhagwan Swarup Lai Bishan Lal v. State of .
Maharashtra; AIR (1965) SC 682 held that the expression "in reference to
their common intention" in Section I 0 - is very comprehensive and it appears
H to have been designedly used to give it a wider scope than the words "in
STATE OF KERALA v. P. SUGA THAN [SETHI, J.] 417
furtherance of' in the English law; with the result, anything, said, done or A
written by a co- conspirator, after the conspiracy was formed, will be evidence
against the other before he entered the field of conspiracy or after he left it.

... Anything said, done or written is relevant fact only "as against each of the
persons believed to be so conspiring as well for the purpose of proving the
existence of the conspiracy as for the purpose of showing that any such
person was a party to it". It was further held: B

"In short, the section can be analysed as follows:

- (I) There shall be a prima facie evidence affording a reasonable
ground for a Court to believe that two or more persons are members
of a conspiracy; (2) if the said condition is fulfilled, anything said,
done or written by any one of them in reference to their common
intention will be evidence against the other; (3) anything said, done
c

or written by him should have been said, done or written by him after
the intention was formed by any one of them; (4) it would also be
relevant for the said purp'ose against another who entered the
conspiracy whether it was said, done or written before he entered the
D
conspiracy or after he left it; and (5) it can only be used against a co-
conspirator and not in his favour."

We are aware of the fact that direct independent evidence of criminal
conspiracy is generally not available and its existence is a matter of inference.
E
The inferences are normally deduced from acts of parties in pursuance of
purpose in common between the conspirators. This Court in V. C. Shukla v.
State, [1980] 2 SCC 665 held that to prove criminal conspiracy there.must be
evidence direct or circumstantial to show that there was an agreement between
two or more persons to commit an offence. There must be a meeting of minds
resulting in ultimate decision taken by the conspirators regarding the F
commission of an offence and where the factum of conspiracy is sought to
be inferred from circumstances, the prosecution has to show that the
circumstances giving rise to a conclusive or irresistible inference of an agreement
between the two or more persons to commit an offence. As in all other
criminal offences, the prosecution has to discharge its onus of proving the
G
case against the accused beyond reasonable doubt. The circumstances in a
.,, case, when taken together on their face value, should indicate the meeting of
the minds between the conspirators for the intended object of committing an
illegal act or an act which is not illegal, by illegal means. A few bits here and
a few bits there on which the prosecution relies cannot be held to be adequate
for connecting the accused with the commission of the crime of criminal H
~
418 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A conspiracy. It has to be shown that all means adopted and illegal acts done .
were in furtherance of the object of conspiracy hatched. The circumstances
relied for the purposes of drawing an inference should be prior in time than

B
the actual commission of the offence in furtherance of the alleged conspiracy.

In Kehar Singh v. State, AIR (1988) SC 1883 it was noticed that Section
120A and Section 120B IPC have brought the Law of Conspiracy in India in
-
line with English Law by making an overt act inessential when the conspiracy
is to commit any punishable offence. The most important ingredient of the
offence being the agreement between two or more persons to do an illegal
act. In case where criminal conspiracy is alleged, the court must enquire
C whether the two persons are independently pursuing the same end or they
have come together to pursue the unlawful object. The former does not render
them conspirators but the latter does. For the offence of conspiracy some
kind of physical manifestation of agreement is required to be established. The
express agreement need not to be proved. The evidence as to the transmission
of thoughts sharing the unlawful act is not sufficient. A conspiracy is a
D continuing offence which continues to subsist till it is executed or rescinded
\
or frustrated by choice of necessity. During its subsistence whenever any one
of the conspirators does an act or series of acts, he would be held guilty
under Section 120B of the Indian Penal Code.

After referring to some judgments of the United States Supreme Court
E and of this Court in Yash Pal Mittalv. State ofPunjab, (1977] 4 SCC 540; Ajay
Aggarwal v. Union of India, AIR (1993) SCW 1866, the Court in State of
Maharashtra v. Som Nath Thapa, AIR (1996) SC 1744 summarised the position
of law and the requirements to establish the charge of conspiracy, as under:

"The aforesaid decisions, weighty as they are, lead us to conclude
F that to establish a charge of conspiracy knowledge about indulgence
in either an illegal act or a legal act by illegal means is necessary. In
some cases, intent of unlawful use being made of the goods of
services in question may be inferred from the knowledge itself. This
apart, the prosecution has not to establish that a particular unlawful
use was intended, so long as the goods or service in question could
G
not be put to any lawfol use. Finally, when the ultimate offence
consists of a chain of actions, it would not be necessary for the '-·

prosecution to establish, to bring home the charge of conspiracy, that
each of the conspirators had the knowledge of what the collaborator

--
would do so, so long as it is known that the collaborator would put
H the goods or service to an unlawful use."
STATE OF KERALA v. P. SUGA THAN [SETHI, J.] 419
hi the backdrop of the legal position relating to the offence of criminal A
conspiracy, it has to be seen as to whether the prosecution proved beyond
doubt that A2 had agreed with A I to cause the death of deceased Soman in
the manner alleged in the charge-sheet. The circumstances relied upon by the
prosecution to prove the existence of conspiracy were enumerated by the
Trial Court as under:
B
"(I) The accused I and 2 had a revengeful motive to murder.

(2) Soman was last seen in the company of accused I and 2.

(3) The dead body of the deceased was removed from the quarters of
the first accused to the M.L. Pattam boat on the night of20.7.1987 and C
the body was dismembered and thrown into the rivers.

(4) The hairs collected from the quarters and the boat were found to
be similar with the scalp hairs collected at the time of post-mortem
examination, on scientific examination.
D
(5) The deceased was made to write two inland letters postdating them
so as to make it appear that Soman was alive on the date of those
letters.

(6) Recovery ofM03 on the basis of the information furnished by the
first accused". E
To prove the first circumstance, the prosecution relied upon the testimony
of PWs 4, 15, 16, and 49. PW4 is the elder sister of the deceased, PW15 is
a clerk in the New Bank oflndia, PW16 is a clerk in the Pathiyoor Branch of
Canara Bank and PW49 is the Circle Inspector of Kayamkulam who was a
classmate of the deceased Soman. From their statements it could be gathered F
that Soman was having intimacy with A2 for some time in his student days
and their relationship broke down after his marriage. Some months prior to the
incident, he came across A2 and made•attempts to revive the old intimacy.
Such an evidence would not, in any way, prove that Al was aware of the
revival of the intimacy between erstwhile lovers. No motive for the commission G
of the offence of murder could, therefore, be inferred from the existence of
" such a circumstance which is in no way directly related to be the occasion
of death. The mere fact that Soman had told PW49 that Krishna Kumari A2
had invited him to her house on 18th July, 1987 cannot be so stretched to
hold that such invitation was in furtherance of the alleged conspiracy hatched
... .. between A I and A2. There is no evidence worth any value to show or H
420 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A suggest that A2 was averse to the revival of intimacy with the deceased or'
that she had shared the secret of her love affair and its revival by the
deceased, with A I with whom she was living as his wife, though without
marriage. The Trial Court was, therefore, not justified in holding that the
prosecution had proved that A I was aware of the revival of intimacy with the
B deceased and A2. Even if he had known about the intimacy there was no
cause or occasion for A2 to agree with him to commit the crime of murder.
The termination of earlier relationship between A2 and the deceased could
also not be a cause for her to share a common intention of committing the
crime particularly when she was happily living with A I and out of illicit
relationship they had, a son was born who was living at the time of the
C occurrence. The circumstances that Soman was seen in the company of A 1
and A2 would only prove the death of the deceased when he was with the
aforesaid two accused persons but that by itself was not sufficient to hold
that A I and A2 had agreed to kill him before he came at their residence on
19th July, 1987. There was commotion in the quarters of Al on the night of
D 19th July, 1987 is a fact established along with the fact that there were
screaming of some woman at that very time. The screaming of the woman not
only suggest the presence of A2 but her reluctance to share the common
intention to kill the deceased or on seeing him being killed, to be horrified.
Similarly, statements of PWsl2, 13 and 17 can be taken to have proved the
presence of Soman at the Haripad bus stand on 18th morning, but not
E sufficient to hold that A2 was a conspirator with Al. The factum of the
deceased having been made to write two post-dated inland letters has not
been proved on facts. The Trial Court itself noticed, "no doubt, there is no
material on record to show that Exhibit D-2 was a letter written under
compulsion". Exhibit D-2 and D-11 were not proved in the Trial Court. Exhibit
D-2 is not written on an inland letter. Such a weak circumstance, much less
F proved on facts, ;Could not be held to be sufficient to infer the agreement
between A I and A2 ti commit the murder of deceased Soman. The alleged
circumstances relied to show the existence of conspiracy are such
circumstances, which even when believed, cannot be held t~ have proved,
beyond reasonable doubt, involvement of A2 in the commission of the crime
G of murder. The High Court, while giving A2 the benefit of doubt rightly held
as under:

"Now we will proceed to consider whether there was any conspiracy
between accused I and 2 for causing death of Soman. The mere fact
that Soman was persuaded to go to the quarters is not sufficient to
H show that 2nd accused had any intention to finish her paramour off.
STATE OF KERALA v. P. SUGATHAN [SETHI, J.] 421
PW49 (Circle Inspector of Police) was a friend of Soman. He deposed A
that Soman had told him once that 1st accused is in possession of
the letters and photos sent by Soman and that Krishnakumari would
get them from 1st accused and the kri~hnakumari had invited Soman
to visit her on 18. 7 .1987. This night, at the most, show that
Krishnakumari would have really intended to revive her old connection
with Soman. Learned Additional Public Prosecutor contended that as B
2nd accused had ventured subsequent to the death of Soman, to post
the letters written by Soman, the conduct is reflective of a plot hatched
by her and 1st accused together. The said conduct need not necessarily
be reflective of that. In the same manner as 1st accused drafted PWl
and 3rd accused he would have secured the services of 2nd accused C
subsequent to the murder.

One circumstance in the above context is relevant as it has a tendency
to absolve 2nd accused from the charge of criminal conspiracy. When
some of the neighbours heard a commotion on the night of 19.7.1987,
they rushed to the police quarters. PW23 said that it was a female D
sound and the word overheard indicated that the female was crying
aloud. It is indicative of 2nd accused witnessing some act which 1st
accused would have perpetrated on the deceased and on seeing it she
would have cried aloud. Then again PWl said that while he was
taking 2nd accused to Changanacherry her countenance had a grieving E
look.
We are inclined to think, from the aforesaid circumstances, that she
was only a victim of intimidation and coercion in doing what l st
accused would have commanded her to do. We are, therefore, giving
her benefit of doubt in regard to the charge of criminal conspiracy." F
After perusing the whole record, scanning the evidence of the
prosecution witnesses and hearing lengthy arguments from both sides, we are
satisfied that the High Court was right in holding that charge of criminal
conspiracy against A2 had not been proved beyond doubt. She was, therefore,
rightly acquitted of the charge under Section 302 read with Section 120B of G
the IPC. However, as she was found to have actively participated in causing
qisappearance of the dead body of the deceased knowing and having rea~on
to believe that his murder has been committed by A 1, was convicted an<J .. '·
sentenced under Section 201 of the IPC. ·,,,
'"'· ,,
Shri C.N. Sree Kumar, learned Advocate appearing for Al in Criminal H ',,
422 SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.
f

f\. Appeal No. 785 of 1994 submitted that conviction and sentence of appellant
being essentially based upon the testimony of PWl was not legal and valid.
According to him PW l was not a reliable witness and that there were major
discrepancies in his deposition. We are not impressed with this argument.
Prasannan PWI has been proved to have been validly granted the pardon
under Section 306 of the Code of Criminal Procedure and the accused-appellant
B afforded sufficient opportunity of cross-examining him both in the committal
as well as in the Sessions Case. He has withstood the cross-examination and
proved the factum of the death of the deceased by A I and the destruction
Of his body by all the accused-persons. An accomplice is a competent witness
and a conviction can be based upon his testimony if it is otherwise
C corroborated in material particulars. Both th'! Trial Court as well as the High
Court have found on facts that the death of Soman was a case of homicide
for which Al was responsible. PWl was the driver of a boat in which
personnel of Ramankiri Police used to undertake their journey. On the date
of occurrence a young man accompanying A2 came to the room of A 1.
D Despite there being defects in the boat, the witness was asked by A 1 to arrive
at 12'0 Clock in the night on the west side ofNSS School and threatened that
if he did not come A 1 will finish him. He was inquired as to whether there
was a knife in the boat to which he replied in the affirmative. A 1 told the
witness to sharpen the knife. At about 12'0 Clock in the night he took the
boat to the place earlier notified by Al. Accused No. 3 was accompanying
E him. Accused No. 3 slept in the boat and the witness went to inform A 1 who ..
was sitting on the side wall of his quarter, along with A2. The young man
• whom the witness had seen a day earlier was lying dead there with one
armless bariiyan and underwear. Al told the witness to carry dead body. The
witness, A 1 and A2 together carried the dead body to the half wall. The
witness was told by A I to go to the boat and bring Mohanan Accused No.
F 3. The witness and Al kept the dead body inside the fence. The witness,
Accused No. 3 along with A I kept the dead body on the platform and kept
it upside. The dead body was kept in the boat and the witness asked to start
it. After reaching one kilometer distance A 1 to!~ the PWl to stop the boat.
Al. got the knife from PWI. He held the head by hairs of the deceased and
G started cutting his throat neck by his knife. After chopping off the head A 1
threw it in the river. Thereafter he started cutting the stomach of the dead
body and pushed away it into the river. The knife was also thrown into the
river. In this process Al was also injured and he got t.is leg injury dressed
next day in Lurd Hospital. After being told by some people that a headless
human body was seen floating in the river, PWl went to the quarters of Al
H to enquire about it. He was told not to worry and not to tell anybody
~·
STATE OF KERALA v. P. SUGATHAN [SETHI, J.] 423
whatever had happened. The whole of the deposition of PWI is the vivid A
explanation of the manner in which the offence was committed by A I in the
presence of A2 and A3. There is no reason to disbelieve the statement of
PWI. Besides his ocular testimony there is sufficient corroborative evidence
which connects Al with the commission of the crime of murder of the deceased
Soman. Learned counsel appearing for A I could not refer to any alleged weak B
·link to the circumstanceS' relied upon by the courts below to show that the
testimony of PWI, an approver, had not been corroborated. The High Court
was, therefore, right in observing:

"While considering PWI 's evidence, one broad aspect has to be
borne in mind. In a waterlogged area like Ramankari transportation is C
possible only by boat or canoe. If a crime was committed by a Sub
Inspector, the most likely means of conveyance which he might hackney
is a boat. If there was any boat attached to the Police Station available,
its crew would be the likeliest persons on whom the culprit may resort
for help for disposing of the dead body. There is no dispute that
"M.L. Pattom" boat was so attached to Ramankari Police Station. D
PW.38 is the owner of the boat and he said PWI was the driver of
the boat. So, there is very strong possibility that PWI 's boat would
have been utilised for disposing of the body if I st accused was the
culprit."

We are not satisfied with the submission of the learned counsel for the E
appellant that the conviction of his client is solely based upon the testimony
of witness PWI and his deposition is not corroborated in material particulars.
The circumstantial evidence produced in the case is sufficient to connect the
accused with the commission of the crime. It does not lead to any other
inference than the one of his involvement in the crime. We do not feel any F
reason to disagree with the findings of the Trial Court as well as the High
Court in so far as involvement of A 1 in the commission of crime of murder
is concerned.

There are no merits in both the appeals which are accordingly dismissed.
G
S.V.K.l. Appeals dismissed.