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6. The prosecution case as is revealed from the charge-sheet, notices that the accused with the deliberate intention of committing the murder of Padmini Devi with the motive of robbing her of the ornaments worn by her, proceeded to Kalathil House where the deceased was residing. Padmini Devi was found alone, sitting on the ghat (place leading into water) steps leading to the paddy field, washing utensils. The ghat was situated at about 3 meters (2 meters and 75 cms.) from the last door step of the kitchen's eastern door of Padmini Devi's house (Kalathil House). It is alleged that Madhu - accused no.1, caught hold of  the plated hair and neck of Padmini Devi and Sibi-accused no.2, held her by her feet, and the two together forcibly dragged her into the water. Thereupon, they suffocated her. The act of drowning of Padmini Devi is alleged to have been committed by the accused at a place 29 meters from the south-east of the steps of the ghat. The accused are stated to have dragged Padmini Devi to the spot from where her body was eventually recovered, at a distance of 7 meters north- west of the foundation of the Snake God Shrine, which is to the south of the paddy field in question. Madhu-accused no.1, is alleged to have removed six gold bangles worn by Padmini Devi (on her left arm), whereas, Sibi-accused no.2, is alleged to have removed a gold chain worn by Padmini Devi (around her neck). The accused were thus alleged to have committed the murder of Padmini Devi, and the theft of her ornaments jointly.

9. The contents of the First Information Report, as also, the Inquest Report constituted the first factual depiction of an occurrence. These are of utmost importance. The evidence produced by the prosecution during the course of trial, will accordingly have to be evaluated along with the aforesaid reports conjointly to substantiate the credibility of the charges levelled against the accused. During the course of hearing, some salient facts which constituted the foundation for  establishing the prosecution version emerged. The first and the foremost in the sequence of events, is the fact that Padmini Devi is alleged to have gone to the steps of the ghat after having taken supper, for washing utensils. The second important feature of the prosecution story is the absence of a gold necklace from around the neck of Padmini Devi, and six gold bangles worn by her on her left arm. Gold earrings worn by the deceased Padmini Devi were found intact on her ears. The third facet is the factum of the state of body of deceased Padmini Devi. The prosecution version is that Padmini Devi was first smothered and thereafter drowned. Thereby inferring murder, as against death by accidental drowning. The fourth component of the prosecution case was the presence of Madhu-accused no.1 and Sibi-accused no.2 in the vicinity of the place of occurrence at or around the time of occurrence on the fateful day i.e., on 8.5.1998. The final and the clinching basis for establishing the guilt of the accused were the confessional statements made by Madhu-accused no.1, i.e., the appellant herein, on 13.5.1998 (Exhibit P-10) to P.J. Thomas PW21, Circle Inspector of Police that he had wrapped six gold bangles belonging to Padmini Devi, in an old plastic paper, and had hidden them under the earth near the field on the southern side of his house. He offered that if he was taken to his house, he could produce the bangles. Likewise, is the confessional statement of Sibi- accused no.2 (Exhibit P-9) recorded on 13.5.1998 by PJ Thomas PW21, Circle Inspector of Police, that he had wrapped the gold chain of Padmini Devi, in a plastic paper, and had kept the same inside a "chadjan leaf" of a coconut tree, standing on the eastern side of his house. He further stated, that he could show the coconut tree and produce the chain. Consequent upon the aforesaid  confessional statements, (Exhibits P-10 and P-9 respectively), the police recovered the gold chain as also the six gold bangles on 13.5.1998 at the instance of the accused. These ornaments came to be identified as the necklace and bangles worn by the deceased Padmini Devi.

21. Additionally, the charge-sheet pointedly records that Madhu-accused no.1, caught hold of the plated hair and neck of Padmini Devi, and Sibi-accused no.2 caught hold of her feet, and forcibly dragged her into the water and suffocated her thereby cause her death by drowning. This factual position remained unproved as not a single prosecution witness narrated the said factual position, so as to establish the manner in which Padmini Devi came to be drowned by the accused Madhu and Sibi. This issue has been examined from a different perspective in the next paragraph.

22. It is also essential to properly analyse the statement of Dr.Radhakrishnan PW20. Dr. Radhakrishnan had expressed in the post mortem certificate dated 9.5.1998, and he had affirmed during the course of his deposition before the Sessions Court, that the death of Padmini Devi had been caused by drowning.  The fact that she had been smothered first and thereafter drowned by the accused Madhu and Sibi cannot be stated to have been established by the prosecution. No injury whatsoever was suffered by deceased Padmini Devi either on her neck or on her feet. Padmini Devi was 47 years old at the time of occurrence. She would not have easily allowed two drunkards, who were in a state of intoxication, to carry her away by holding her by her neck and feet as has been alleged in the charge-sheet. Padmini Devi would have been expected to fight for her life, consequent upon an assault on her, at the hands of the accused Madhu and Sibi. Injury nos.1 and 2 referred to by the courts below, so as to infer smothering, is clearly unacceptable in view of the fact that Dr. Radhakrishnan PW20, in his cross-examination, clearly asserted, that injury nos.1 and 2 are possible if a person falls and during the course of that fall the right side of the face comes in contact with a rough hard surface. Dr. Radhakrishnan PW20 also stated during his cross-examination, that all the injuries suffered by Padmini Devi were superficial injuries. In the aforesaid view of the matter, even the medical evidence produced by the prosecution, does not suitably support the prosecution story, that the deceased Padmini Devi was, first assaulted by the accused Madhu and Sibi, and thereafter, drowned. The deceased is alleged to have been dragged, smothered and forcibly drowned. The instant version of the prosecution story, is wholly unacceptable, keeping in mind the statement of Dr.Radhakrishna PW20.