- (1.) The present appeal is directed against the judgment of the High Court dated 27 th September, 2006 vide which the High Court affirmed the judgment of conviction and order of sentence dated 31 st December, 2003 passed by the Trial Court.
(2.) The prosecution case is that Smt. Kamalal, PW-2 was married to one Yoganandan @ Loganathan, the deceased. The accused No.1, Chandran is the brother of Kamalal (PW2). accused No.2, Sahadevan, and accused No. 3, Arul Murugan, were the friends of accused No.1. PW2 was being ill-treated by Loganathan, her husband. Being her brother, accused No.1 thought that if he murdered Loganathan, life of his sister would be peaceful. Thus, accused No.1 and his friends (the other two accused) entered into a criminal conspiracy to commit murder of Loganathan. According to PW-5, Karuppuswamy, when he was talking to one Chinnaswamy at a three star hotel near the Neruparichal bus stand at about 10 p.m. on 9 th July, 2002, he saw Sahadevan driving a TVS moped in Povmmanayakkampallayam road, while two other persons were sitting as pillion riders. The vehicle was proceeding towards west. After a while, one of them came back and again went in the same direction on the same vehicle. PW-4, then saw the deceased, Yoganandan and accused No.1 going in the same direction on the TVS moped at about 2 p.m. Again after some time, accused No.2 alone came back on the moped. On 10 th July, 2002, at around 8.30 a.m., PW-3, Rajendran, saw a dead body in the Pommanayakkanpallam Road, whereupon he went to PW-1, the Administrative Officer and informed him of that fact. PW-1, upon receiving this information, went to the spot and saw the dead body. He then went to the Perumanallur Police Station and made a complaint, Ext.P-1, to the Sub-Inspector of Police, Ganesan, PW-8.
(3.) Upon receipt of the complaint, the police registered a case being Crime No.150 of 2002 for an offence under Section 302 of the Indian Penal Code, 1860 (for short "the IPC") against unknown accused. The Investigating Officer, PW-9, proceeded to the scene of occurrence. There he prepared observation Mahazar, Ext.P-2 and took photographs of the dead body.;