JUDGMENT

R.K. Agrawal, J.

1) The above appeals are directed against the common judgment and order dated 23.11.2009 passed by the High Court of Judicature at Madras in Criminal Appeal Nos. 639 and 688 of 2009 whereby the Division Bench of the High Court dismissed the appeals filed by the appellants herein against the order dated 18.09.2009 passed by the Fast Track Court No. II, Salem, in Sessions Case No. 21 of 2009 wherein learned Additional District & Sessions Judge convicted the appellants herein under Sections 302 read with Section 34, Section 364 and Section 379 of the Indian Penal Code, 1860 (in short ‘the IPC’) and sentenced to undergo imprisonment for life with substantive sentences under the IPC.

2) Brief facts:

(a) A First Information Report (FIR) bearing No. 41 of 2008 at PS Yercaud, District Salem dated 16.02.2008 got registered by Mahimaidoss (PW-8) stating that on 14.02.2008, John Bosco (since deceased), who was employed as the driver in his travel agency, along with one Madhan (since deceased), took a Maruti Van from him but did not return for two days.

(b) On the very next date, i.e., on 17.02.2008, one more FIR got registered by one Asokan bearing No. 88 of 2008 stat