Deficiencies in the investigation, including lack of evidence and discrepancies, can raise doubts about the veracity of the prosecution's case and may warrant remittance of the matter for reinvestigation to rectify the defects and ensure justice.

A. Arumughaswamy, J.

1. Criminal Appeal Nos. 695 of 2010, 751 of 2010 and 83 of 2011 have been filed by the accused 1 to 4 against the conviction and sentence imposed against them in judgment dated 22.10.2010 delivered by the Additional District and Sessions Judge-Fast Track Court No.V, Chennai in S.C.No.316 of 2010. Criminal Appeal No.17 of 2011 has been filed by the third part praying to set aside the said judgment in so far as the disposal of Material Object No.109.

2. The Accused 1 to 4 are the appellants. Subsequent to the occurrence, one Sathish who has been arrayed as A5 died by committing suicide and his wife is A4. The conviction and sentence imposed by the trial Court are:

A1 to A4 u/s 120(B) of IPC .. 7 years R.I. each and to pay a fine of Rs.1000/- each i/d to undergo 1 month R.I. each

A1 and A2 u/s 460 IPC .. 7 years R.I. each and to pay a fine of Rs.5000/- each and i/d to undergo 3 months R.I. each.

A3 and A4 u/s 460 r/w 120(B) IPC .. 7 years R.I. each and to pay a fine of Rs.5000/-each and i/d to undergo 3 months R.I each.

A1 and A2 u/s 382 IPC .. 7 years R.I. each and to pay a fine of Rs.10,000/- each and in default to undergo 4 months R.I. each.

A3 and A4 u/s 382 r/w 120(B) IPC: 7 years R.I. each and to pay a fine of Rs.10,000/-each and i/d to undergo 4 months R.I. each.

A1 and A2 u/s 302 r/w 34 IPC (3 counts): Life imprisonment (3 counts) each and to pay a fine of Rs.15,000/- each and i/d 6 months R.I. each.

A3 and A4 u/s 302 r/w 120(B)(3 counts) .. Life imprisonment (3 counts) each and to pay a fine of Rs.15,000/- each and i/d to undergo 6 months R.I. each.

The sentences are ordered to run concurrently.

M.O.1, 24, 25, 69, 184 and defence M.Os. 1 to 6 are ordered to be retained in file. M.Os. 22, 23, 51, 59, 70, 72, 73, 80, 86 to 91, 92 to 96, 104, 105, 107, 108, 109, 172, 173, 178, 179, 183 are ordered to be confiscated to State after time for appeal is over and if there is no appeal preferred. M.Os. 2 to 21, 47 to 50, 52 to 58, 60 to 68, 71, 81 to 85, 97 to 103, 106, 110 to 118, 119 to 170, 174, 175 and 181 are ordered to be handed over to the legal heir of deceased Saravanan and Kasthuri on proper identification after time for appeal is over and if there is no appeal preferred.

3. The facts of the case are as follows:-The Deceased Dr.Saravanan (D1) and the Deceased Kasturi (D2) are husband and wife and the Deceased Anbarasi is the maidservant of D1 and D2. The Deceased 1 and 2 are not having issues. They are residing in their own house. Deceased Dr.Saravanan was a retired Chairman of Tamil Nadu Mines and Minerals. Deceased Kasthuri is the house-wife. Admittedly, they were having huge wealth as well as foreign currencies. The deceased Dr.Saravanan whenever used to go out would usually call Sathish-A5 who died by committing suicide subsequent to the occurrence, as a spare driver to avail him whenever they were going to trip. While being so, as per the case of the prosecution three conspiracies were hatched between A1 to A5, one at 10.30 a.m. on 17.11.2008 another conspiracy at 9.30 a.m. on 18.11.2008 and the last one at 3.30 p.m. on 19.11.2008. As per the case of the prosecution on the midnight of 18.11.2008 near Porur lake under a bridge A1 to A4 hatched a conspiracy in which they arrived at a decision that A1, A2, and A5-Satish would go into the house of deceased Dr.Saravanan. The above conversation was overheard by P.W.3-Sathivel, P.W.7-Vikki @ Alagar Raja. The further case of the prosecution is that P.W.8-Suresh overheard the conversations on three successive days, 17th to 19th November 2008 A1, A2 and Satish-A5 had in Sasi Cabs. Under these backdrops now we can switch over to the occurrence.

4. P.W.1-Unnikrishnan was working as Selection Grade Assistant in the Office of the Tamil Nadu Mines and Minerals Department. He got employment only at the influence of the deceased Dr.Saravanan. As usual on 19.11.2008, he attended the house of the deceased Dr.Saravanan at 5.30 a.m. and after finishing hi