JUDGMENT :

Mohan M. Shantanagoudar, J.

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 t