JUDGMENT :

1. The instant appeal filed by the appellant-Krishnamurthy (Original Accused No. 2) under Article 136 of the Constitution of India is directed against the judgment and order dated 27.10.2009 passed by the High Court of Judicature at Madras in Criminal Appeal No. 734 of 2008, whereby the High Court had dismissed the appeal of the present appellant and confirmed the judgment of conviction and sentence passed against him by the Sessions Court, Cuddalore (hereinafter referred to as the “Sessions Court”) in Sessions Case No. 101 of 2007.

2. Initially, three accused named-Govindaraj, Krishnamurthy and Selvaraj were charged and tried before the Sessions Court, which after appreciating the evidence on record convicted and sentenced the accused no. 1-Govindaraj for the offences under Sections 294(b), 324 and 302 r/w Section 34 of IPC convicted and sentenced the accused no. 2-Krishnamurthy for the offence under Section 302 of IPC and convicted and sentenced the accused no. 3-Selvaraj for the offence under Section 302 r/w Section 34 of IPC. The High Court in the appeal preferred by all the three accused, vide the impugned judgment and order dismissed the appeal of accused no. 2 i.e.