The prosecution established guilt through circumstantial evidence, proving motive and last seen theory, essential for murder convictions under the Indian Penal Code.

JUDGMENT :

P. VELMURUGAN, J.

1.1. Crl A No.593 of 2019 has been filed by A8 against the judgment of conviction and sentence passed by the learned I Additional District & Sessions Judge, Vellore in S.C.No.141 of 2013 dated 27.08.2019 for the offence as detailed below:-

1.2. Crl A No.595 of 2019 has been filed by A3 & A5 against the judgment of conviction and sentence passed by the learned I Additional District & Sessions Judge, Vellore in S.C.No.141 of 2013 dated 27.08.2019 for the offences as detailed below:-

1.3. Crl A No.597 & 629 of 2019 have been filed by A6 & A7 against the judgment of conviction and sentence passed by the learned I Additional District & Sessions Judge, Vellore in S.C.No.125 of 2019 dated 27.08.2019 for the offences as detailed below:-

1.4. Totally eight accused were arrayed as A1 to A8 before the trial Court in S.C.No.141 of 2013 and pending trial, since A1, A2 & A4 died, the charges framed against them stood abated. Out of the remaining accused, since NBW was pending against A6 & A7, only A3, A5 & A8 were tried in S.C.No.141 of 2013 and the judgment of conviction and sentence as stated above was passed by the trial Court. So far as A6 & A7 are concerned, the case was split up in S.C.No.125 of 2019 and the judgment of conviction and sentence as stated above was passed by the trial Court.

1.5. It is now brought to our notice that pending Crl A No.595 of 2019, the 1^st appellant-Muniyandi, S/o Gangadharan (A3) died on 19.07.2025 and a copy of death certificate is produced by the learned counsel for appellants in proof of the same. In view of the same, Crl A No.595 of 2019 as against 1^st appellant/A3 stands dismissed as abated. For convenience, the appellants will be hereinafter referred to as arrayed and tried before the trial Court and the above criminal appeals concerning A8, A5, A6 & A7 respectively, are taken up together and disposed of by this common judgment.

2.1. The respondent Police filed a final report against the accused stating that A1 borrowed a sum of Rs.9,00,000/- from the deceased Manoharan to start a business and thereafter evaded to repay the said amount and hence, Manoharan lodged a complaint with Chittoor Police apart from a complaint statement to the Superintendent of Police, Vellore District and compelled A1 continuously to repay the amount and that A1, who did not want to repay the money, developed grudge over the activities of Manoharan and decided to do away with him. Accordingly, A1, with the connivance of A2, who is his relative, entered into a criminal conspiracy with A3, A5 and A8 and that 15 days prior to 24.03.2008, with an intention to abduct Manoharan and to execute the said criminal conspiracy, A1 decided to give Rs.3,00,000/- and out of the said sum, A3 obtained Rs.1,00,000/- for himself and on behalf of A4, A6 to A8, and agreed to kill Manoharan for money and in continuation of the said transaction, on 24.03.2008 at about 10.15 P.M., A3 to A7 abducted the deceased Manoharan to Konakkai Thoppu situated at Kavasampattu road with an intention to commit murder and A1 to A7 joined together to execute the said criminal conspiracy and A3 and A7 tied the hands of Manoharan with a rope and dragged him to a bush nearby; A2 gagged his mouth; A3 and A4 gripped the legs of Manoharan and A1 to A7 altogether joined and voluntarily pushed the face of Manoharan into the sand, and Manoharan died due to suffocation and to screen the offence of murder, A1 to A7 inhumed the dead body by digging a pit and thereby A1 and A2 have committed the offences punishable u/s 120B, 302, 302 r/w 120B and 201 of IPC. A3 to A7 have committed the offences punishable u/s 120B, 364, 302 and 201 of ., and A8 has committed the offences punisha