P.N. Prakash, J.

1. Suresh [A3], who was tried and convicted along with Arockiyasamy [A1], Velankani [A2], Kanagaraj [A4] and Jayaseelan Baskaran [A5] in S.C.No.241/2004, on 17.02.2006 by the Additional District and Sessions Judge [Fast Track Court No.3], Coimbatore, is the appellant before us. He was charged and convicted as follows:

(a) U/s 302 IPC [2 counts] to undergo double life imprisonment;

(b) U/s 392 IPC to undergo 7 years Rigorous Imprisonment and pay a fine of Rs.1,000/-, in default, to undergo Rigorous Imprisonment for four months.

2. This Court heard the appeal filed by Velankani [A2] in Crl.A.No.679/2009 and dismissed the same on 15.09.2010, thereby confirming the conviction and sentence imposed by the trial Court. It appears that Arockiyasamy [A1] and Kanagaraj [A4] have not chosen to prefer any appeal. It is also reported by the learned Additional Public Prosecutor that Jayaseelan Baskaran [A5] had died in prison after the trial Court verdict.

3. It is the case of the prosecution that on 20.04.2003, A1 to A5 entered the house of one Velusamy and after committing the murder of Velusamy [D1] and his wife Rajalakshmi [D2], decamped with jewellery and cash from their