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12. The next and the most pertinent question that falls for determination is whether the prosecution has been able to prove beyond doubt that the appellants were, amongst others, the authors of the crime; in other words, whether the conviction and sentence imposed by the trial court can be sustained or not.

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13. According to PW17, the dead body of the deceased was found inside a quarry on 21.4.2007 at 6 am. PW16 stated that Ext.P1 FIS was recorded on 21.4.2007 at 10 am. The Investigating Officer proceeded to the place of occurrence and prepared Ext.P3 mahazar on 22.4.2007 at 9 am. To bring home the accusation levelled against the accused, it is necessary to locate the place of occurrence. Ext.P2 and Ext.P3 would clearly describe the nature and lie of the place of occurrence in this case. Ext.P6 scene plan was prepared by PW12-the Village Officer, Vettiyar in accordance with Ext.P3 mahazar. In Ext.P6 scene plan, the place of occurrence is clearly numbered as No.4. It is evident from Exts.P2 and P3 that the place of occurrence was a quarry surrounded by four walls and the dead body was found deep inside the quarry. Vazhipadiyil House is situated on the North-Western corner, that is, nearly 80 meters away from the place of occurrence. In Ext.P6 scene plan, there exists a pathway having a length of 77.4 meters on the South-North direction from the main road on the Southern side of the place of occurrence. An electric ..16..

23. PWs.7 to 10 are not material witnesses. PW7 is the nephew of the deceased and he came to the place of occurrence to see the dead body. PWs.7 and 8 are witnesses in Ext.P2 inquest report prepared by the police. PW9 is a signatory in Ext.P3 mahazar and PW10 is a witness in Ext.P4 recovery mahazar respectively.

24. PWs.11 and 12 are two official witnesses. PW11 the Secretary of Thazhakara Village issued Ext.P5 certificate stating that Vazhipadiyil Leelamani Amma was the owner in possession of the House bearing No.VI/488 as per the (old) building assessment register. Ext.P6 scene plan was prepared by late M.M.Dileep Kumar, former Village Officer of Vettiyar Village. PW12 was examined to prove Ext.P6 scene plan. According to PW12, the place of occurrence was a quarry situated in the property of Cheruvalloor Padeettethil Vasudevan Pillai.

35. Ext.P6 scene plan clearly indicates that Vazhipadiyil House is nearly 80 metres away from the place of occurrence. Ext.P6 does not indicate a direct pathway to the place of occurrence from the Vazhipadiyil House. No street lights were ..38..

available on the four sides of the quarry. One street light was available on the main road facing towards South. However, this street light is 77.4 metres from the outer limit of the quarry. The occurrence spot is further North of the outer limit. In view of the above, it is difficult for us to believe that PWs.1 to 3 witnessed the occurrence in the presence of light emanated from the street light. PWs.1 to 3 narrated the overt acts committed by accused 1 to 7 in detail. According to them, although it was dark, they had seen the accused assaulting the deceased on the date of occurrence in the light of their torch lights. On a careful analysis of the evidence, we are of the view that the evidence tendered by the witnesses is artificial and difficult to believe. PW1 adduced evidence to show that apart from A1 to A7, others were also present on the road. In view of the above circumstances, the story advanced by PWs.1 and 3 that they had ventured to switch on the torch light to witness the occurrence is contrary to the evidence on record. Having taken into consideration of the fact that no street lights were available in and around the quarry and that the alleged ..39..

day morning after the entire occurrence was over and had interacted with PWs.2 and 3 initially and proceeded to the police station for lodging Ext.P1 FIS. The possibility of witnessing all the accused assaulting the deceased with MOs.1 to 6 from the outer limit of the quarry with the help of torch light and that too in the night is rather doubtful. We are of the view that it is not safe to rely on their version that they had seen the accused with particular weapons in their hands. No scientific examination was done to prove that these weapons were actually used by the accused to assault the deceased. In Ext.P6 scene plan drawn by the Village Officer, the distance of the occurrence spot from the ground level is not mentioned. However, PW1 in his evidence stated that the depth is nearly 5 to 6 feet from the ground level. PWs.1 to 3 or any other witness did not give any details about the lighting in the nearby vicinity. The site plan prepared by the Village Officer indicates that there was a tube light attached to the electric post situated far away. It would have been difficult for PWs.1 to 3 to witness the occurrence from the lighting on the road.