The main legal point established in the judgment is the reliance on witness testimonies, identification of the accused, and recovery of stolen items to establish guilt beyond reasonable doubt in a murder and robbery case.

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 house. The prosecution case begins with Velumayilsamy [P.W.1], who is the nephew of Velusamy [D1]. On 20.04.2003, Velumayilsamy [P.W.1] went to the house of the deceased to make a courtesy call, as D1 had just then undergone an eye surgery. When Velumayilsamy [P.W.1] went into the house around 6 o'clock in the evening, the house doors were opened. He went in search of Rajalakshmi, his aunt and did not find her in the front rooms. He found blood near the doorway of the bathroom and when he peeped in, he found his uncle Velusamy [D1] lying there dead. He also found Rajalakshmi [D2] his aunt, lying dead in the house. He saw the bureaus open. He panicked and came out of the house and called one Kumarasamy [not examined]. When Kumarasamy came, Velumayilsamy [P.W.1] took him into the house and showed him the bodies of the deceased. Thereafter, he went to B9 Police Station and lodged a written complaint [Ex.P1], which was received by the Inspector of Police, Natarajan [P.W.18], who registered a case in Sararvanampatti Police Station Cr.No.150/2003 under Sections 302 and 380 IPC at 19.45 hrs and prepared the printed FIR [Ex.P41].

[a] The complaint and the printed FIR reached the jurisdictional Magistrate at 6.20 a.m. on 21.04.2003, as could be seen from the endorsement thereon. As he was only the incharge Inspector of the station, the investigation was taken over by the regular Inspector, Thangadurai [P.W.20]. The Investigating Officer went to the place of occurrence and in the presence of witnesses Selvaraj [P.W.4] and Mani [not examined] prepared the Observation Mahazar [Ex.P4] and the Rough Sketch [Ex.P43]. He also examined Velumayilsamy [P.W.1], Pattish Praveen [P.W.2], Jayaprakash [not examined] Vidya [not examined], Manonmani [P.W.3], Kumarasamy [not examined], Selvaraj [P.W.4] and Mani [not examined] and recorded their statements. In the presence of panchayatdars he conducted inquest over the dead bodies and the Inquest Reports are Ex.P44 [relating to Rajalakshmi] and Ex.P45 [relating to Velusamy]. He despatched both the bodies to a Government Medical College Hospital, Coimbatore for post-mortem. Autopsy on the bodies was performed by Dr. Sundarraj [P.W.11] and the Post-mortem certificates are Ex.P11 [Velusamy] and Ex.P14 [Rajalakshmi].

[b] In his evidence as well in the Post-mortem Certificate of Velusamy [Ex.P11], Dr.Sundarraj [P.W.11] has noted as follows:

"External injuries:

(1) Transversely oblique cut injury of 24 x 6 -2 cms seen over front and sides of neck. The left lateral end of the wound is 6 cms below left mastoid and right lateral end of the wound is 8 cms below right angle of mandible. The wound exposes the underlying cut muscles, vessels and nerves, cut trachea and oesophagus and partial cut in the underlying C5 vertebra along the line of