V. Periya Karuppiah, J.

This appeal is directed against the judgment of conviction passed against the first accused A1 by the learned Additional District and Sessions Judge, Fast Track Court No V, Coimbatore at Tiruppur in S.C.No.145/2008 convicting the appellant/A1 u/s. 120 (B), 302 ,394 r/w. 397 I.P.C along with the second accused A2.

2. The facts of the case which are necessary for the purpose of disposal of the appeal be as follows:

(a) A1 and A2 entered into a conspiracy to commit theft of jewels in Sivagiri jewellery shop belonging to the deceased Dheena Thayala Pandurangan established at M.L.R. Complex, Moomoorthy Nagar and also caused the death of deceased owner and in execution of the said criminal conspiracy A1 and A2 went to the jewellery shop at about 11 a.m on 212. 2005, and placed orders for the purchase of a baby ring and thereafter on 212. 2005, A1 and A2 went to the shop at about 09.30 a.m. A1 was sitting in front of the attendant of the shop and A2 followed the owner (the deceased person) into the adjacent room of the jewellery shop and attacked the deceased person with a deadly weapon knife with intend to cause his death and to commit theft of the jewe