JUDGMENT :

P.N.PRAKASH, J.

(Prayer: Criminal Appeal filed under Section 374(2) Cr.P.C. to set aside the judgment passed in Spl.S.C.No.165 of 2015 dated 25.07.2017 by the Principal Sessions Judge, Chennai.)

1. Challenging the conviction and sentence dated 25.07.2017 passed in Spl.S.C.No.165 of 2015 by the Principal Sessions Judge, Chennai, the accused (Subramani) has preferred this appeal.

2. The prosecution story runs thus :

2.1. The place of occurrence in this case is a four-storeyed (G plus 3) mansion with a terrace, in door No.82/12, Iyappachetty Street, Mannady, Chennai, which was being managed by Yasin (P.W.5), as the power agent of the real owner.

2.2. Yasin (P.W.5) had let out the ground floor and first floor to commercial establishments and in the second floor portion, he had taken up repair work. In the third floor portion, Mariappan (P.W.4), an Advocate was residing with his family. In the terrace (fourth floor), Yasin (P.W.5) had built a small room measuring 10' x 10' with a kitchen for the stay of bachelors.

2.3. Yasin (P.W.5) hails from Tuticorin District. Since he was making structural alterations in the second floor, he had requisitioned the services of Krishnakumar (P.W.1), a mason from Tuticorin district, who was doing masonry work in the second floor and was also residing there.

2.4. Yasin (P.W.5) let out the small room in the fourth floor (terrace) to the deceased Kanagaraj, who was Krishnakumar's (P.W.1's) younger brother. Kanagaraj was employed as a medical representative in a pharmaceutical company in Salem. Along with Kanagaraj, his friends, viz., Subramani, Vignesh, Sivanandam and Prabakar were also staying. Kanagaraj and Subramani were from Tuticorin District and they were childhood friends.

2.5. Kanagaraj got married to Chithiraiselvi on 20.05.2013 at Tuticorin, which function was presided over by Yasin (P.W.5). Since Kanagaraj brought his wife Chithiraiselvi to stay with him in the fourth floor portion, he requested his friends to vacate and accordingly, they too obliged. Chithiraiselvi became pregnant sometime in the middle of 2014 and therefore, she went back to her native village in Tuticorin. Since Chithiraiselvi had left for her confinement, Subramani started to stay with Kanagaraj in the fourth floor portion.

2.6 While so, in the evening of 13.11.2014, Krishnakumar (P.W.1) saw his brother Kanagaraj and Subramani together in the fourth floor portion. Around 04.30 a.m. on 14.11.2014, Krishnakumar (P.W.1), who was residing in the second floor, heard a noise in the terrace and when he went out to look as to what was the noise, he saw Subramani coming down the staircase hurriedly and taking the motorcycle that was parked in the ground floor and leaving.

2.7. After the day dawned, Krishnakumar (P.W.1) went to the fourth floor where Kanagaraj was residing and found the portion locked from outside. Krishnakumar (P.W.1) did not suspect anything and he left for his job. While so, Krishnakumar (P.W.1) received a telephone call from Chithiraiselvi and Kanagaraj's friends saying that they were not able to reach Kanagaraj at all and that his mobile phone appears to be switched off continuously. Krishnakumar (P.W.1) also tried to contact Kanagaraj, but, he was unable to reach him. Krishnakumar (P.W.1) informed this to Yasin (P.W.5) and the latter advised him to wait that night (14.11.2014) and if Kanagaraj does not return, they could break open the lock of the portion and look therein.

2.8. Since Kanagaraj did not return home on the night of 14.11.2014, on 15.11.2014, around 06.00 a.m., Krishnakumar (P.W.1) and his assistant mason Ramamoorthy (P.W.2), broke open the Godrej Navtal padlock (M.O.4), opened the front door and went inside the portion. They were shocked to see Kanagaraj with multiple injuries on his body and bloodstained knife (M.O.1) lying nearby. Soon, news spread in the building and curious onlookers including Mariappan (P.W.4) and Yasin (P.W.5) gathered there.

2.9. Krishnakumar (P.W.1) went to the police st