1. This appeal has been filed aggrieved by the order of conviction and sentence passed by the Additional Sessions Court cum F.T.C. No. II, Kancheepuram in S.C. No. 22 of 2007, dated 24.09.2008.

The case of the prosecution in brief:

2. PW-7, who is running a Travel Agency by name Geo Travels at Bangalore, requested PW-2 who was the owner of the Qualis Car bearing registration No. KA-03-MA-7449 on 04.03.2004, to send the Car for a passenger who wants to travel from Bangalore to Chennai. Accordingly PW-2 asked his driver Ravindrathan (PW-1) to take the Car and pick up the passenger. (PW-1) Ravindrathan took the Car and at about 5.30 p.m. when he was proceeding near Magestic Anandha Circle, Bangalore, the accused waved his hands and Ravindrathan (PW-1) stopped the Car and accused after confirming the name of the Car driver, told Ravindrathan (PW-1) that he was the passenger who wanted to go to Chennai. The accused boarded the Car and sat in the rear seat. When the Car was proceeding towards Chennai, en-route, Ravindrathan (PW-1) and the accused got down at Krishnagiri and had dinner. Thereafter, the Car further proceeded and came to a halt at 1.00 a.m. on 05.03.2004, since the accused wanted to answer the call of nature. After the car came to a halt, the accused took a Iron Jocky Rod (M.O-2) from the Car and hit Ravindrathan (PW-1) in his head repeatedly as a result of which Ravindrathan (PW-1) fell on the side and the accused took away in the Car. Ravindrathan (PW-1) thereafter managed to stop a lorry and got into it and informed the driver of the lorry about the incident. When the lorry approached a Highway Patrol Police, Ravindrathan (PW-1) got down from the lorry and informed (PW-12) who was the Inspector on patrol duty about the incident. Immediately, the Police arranged for an ambulance and on its arrival the ambulance compounder (PW-5) gave first aid treatment and Ravindrathan (PW-1) was brought to the Government Hospital at Walajahpet, where he was given treatment by PW-16.

3. Thereafter PW-2, the owner of the Car came to Walajapet Hospital and visited Ravindrathan (PW-1). On the basis of the statement given by Ravindrathan (PW-1) in the Hospital, the same was reduced into a complaint (Ex.P-1) by PW-17 who is the Inspector of Police of Kaveripakkam Police Station. Since the place of occurrence fell within the jurisdiction of Baluchetty Chathiram Police Station, (Ex.P-1) Complaint was sent to the concerned Police Station and an FIR was registered in Crime No. 174 of 2004 (Ex.P-16) for an offence under Section 324 and 379 IPC. The Inspector of Police took up the case for investigation and visited the scene of occurrence and prepared Observation Mahazar (Ex.P-17) and Rough Sketch (Ex.P-18) in the presence of witnesses PW-3 & PW-4. Thereafter, the statement of witnesses was recorded and Alteration Report (Ex.P-19) sent to the Magistrate Court altering the offence to Section 392 IPC. Thereafter, the investigation was taken over by Ramamoorthy, Inspector of Police.

4. In the meantime on 23.05.2005, (PW-10) who is the Sub Inspector, Central Crime Branch, Hyderabad Special Team, received an information that a Merun Colour Qualis Car was found abandoned near Cholichowky, Hyderabad City. He went to the spot and brought the abandoned vehicle to the Police Station and submitted a report to the Deputy Commissioner of Police who in turn forwarded the report to the Sub Inspector (PW-9) and based on the report PW-9, registered a case in Crime No. 387/2005 under Section 102 of Criminal procedure Code. (Ex.P-4) is the printed copy of the First Information Report. (PW-11) Inspector of Police took over investigation in this case and formally seized the Car under (Ex.P-5) Seizure Report. (PW-15) Inspector of Police, succeeded PW-11 and took up further investigation. In the course of investigation, the accused person was arrested at Humayun Nagar on 26.08.2006, at about 10.30 a.m. under suspicious circumstances. The accused is said to hav