The deceased Ramamurthy used to pressurise both the accused to repay the loans.
Recovery of the Maruti van, weapon and the blood stained clothes of Accused No.1, based on the companyfession made by Accused No.1 before the police.
1 and 2 without informing them, in order to pressurise them to repay their loans.
Conspiracy amongst the accused, deposed to by P.W.11.
Both P.W.8, who had allegedly seen the accused abducting the deceased Ramamurthy, and P.W. 11, who spoke about the alleged companyspiracy, turned hostile.
Thereafter, the dead body was thrown near the house of an advocate at Salem.
Accused were seen abducting the deceased by P.W.8.
The Trial Court companyvicted all the accused, whereas the High Court retained the companyviction of the appellant herein under Section 302 of the IPC and acquitted all the other accused persons, as well as the appellant of all other charges.
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.
1 and 2 were inimically disposed towards the deceased Ramamurthy in that regard.
The extra judicial companyfession spoken to and recorded by P.W.12.
However, such loans were number repaid on time.
Accused Nos.
MOHAN M. SHANTANAGOUDAR, J. We have heard Mr. Jayanth Muthuraj, learned companynsel for the appellant as well as Mr. S. Raja Rajeshwaran, learned companynsel appearing on behalf of the respondent State.
They sought the help of the other accused and companyspired with them to do away with the life of the deceased Ramamurthy.
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.
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.
This appeal by special leave is directed against the companymon 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, companyfirming the judgment dated 07.02.2007 passed by the Additional District Judge, FTC 2, Salem, Tamil Nadu in S.C. No.
The case of the prosecution is mainly based on the extra judicial companyfession of the accused.
Accused Nos.
About six months prior to the incident in question, the deceased Ramamurthy had taken away both the vehicles of Accused Nos.
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.
On the next day, P.W.18, the Village Administrative Officer, upon receiving information about an unidentified dead body, went to the location, saw the dead body and lodged the first information report.
Accused Nos.
1 and 2 failed to repay the same and started avoiding him.
1 and 2 had availed vehicle loans from the said Bank to purchase two motor cycles.
Despite the same, Accused Nos.
