Mohan M. Shantanagoudar, J. - (1.) We have heard Mr. Jayanth Muthuraj, learned counsel for the appellant as well as Mr. S. Raja Rajeshwaran, learned counsel appearing on behalf of the respondent - State.
(2.) This appeal by special leave is directed against the common judgment and order dated 16.06.2009 passed by the High Court of Judicature at Madras in a batch of Criminal Appeals filed by the accused, confirming the judgment dated 07.02.2007 passed by the Additional District Judge, FTC 2, Salem, Tamil Nadu in S.C. No. 5 of 2006 to the extent that it convicted the appellant/Accused No.1 for the offence under Section 302 of the Indian Penal Code (in short, "the IPC") and sentenced him to life imprisonment.
(3.) The brief facts relating to this appeal are as under:- The deceased Ramamurthy was working as a Collection Agent in New Centurion Bank at Salem. Accused Nos. 1 and 2 had availed vehicle loans from the said Bank to purchase two motor cycles. However, such loans were not repaid on time. The deceased Ramamurthy used to pressurise both the accused to repay the loans. Despite the same, Accused Nos. 1 and 2 failed to repay the same and started avoiding him. About six months prior to the incident in question, the deceased Ramamurthy had taken away both the vehicles of Accused Nos. 1 and 2 without informing them, in order to pressurise them to repay their loans. Accused Nos. 1 and 2 approached the deceased for the return of these vehicles, but he refused to oblige, saying that he would return the vehicles only once they repaid the loans. Accused Nos. 1 and 2 were inimically disposed towards the deceased Ramamurthy in that regard. They sought the help of the other accused and conspired with them to do away with the life of the deceased Ramamurthy. On 14.5.2005, Accused No.1, along with the other accused, called the deceased Ramamurthy over phone to the place of the incident on the pretext of repaying the loans. The deceased reached the place and immediately thereafter, all the accused pushed the deceased inside the Maruti van owned by one of the accused, took him away and killed him. Thereafter, the dead body was thrown near the house of an advocate at Salem.;