S.NAGAMUTHU, J.

The appellants are the accused 2 to 5 in S.C.No.119 of 2012 on the file of the learned Additional Sessions Judge, Dharmapuri. The 1st accused was one Velmurugan and the 6th accused was one Palani. The 1st accused Velmurugan died during the trial of the case and thus, the charges framed against him stood abated. So far as the 6th accused is concerned, the trial court, by judgment dated 08.10.2015, acquitted him from all the charges. All these 6 accused stood charged for offence under Section 396 of IPC, in the alternative, under Section 302 (2 counts) of IPC. The trial court, convicted these appellants/the accused 2 to 5 under Section 396 read with 34 of IPC (2 counts) and sentenced them to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default, to undergo rigorous imprisonment for six months. Challenging the said conviction and sentence, the appellants/accused 2 to 5 are before this Court with this Criminal Appeal.

2. The case of the prosecution in brief is as follows:

(a) There were two persons by name Nataraj, hereinafter referred to as ''D1'' and Raman, hereinafter referred to as ''D2'', who were working as Watchman in a private Spinning Mill known as ''Sridevi Spinning Mill'' situated at Salem Royakottai Main Road. P.W.1 was working in the said Mill as a Spinning Master. Due to some financial problems and other causes, the Mill became non-functional. Therefore, the entire Mill premises was closed. The workers were also not allowed to enter. But, the deceased alone were allowed to be there in the premises, guarding the property.

(b) On the night intervening 07.07.2010 and 08.07.2010, inside the premises of the Mill, both the deceased were on duty. It is alleged that during the night hours, these 6 accused somehow trespassed into the Mill premises, attacked both the deceased with an iron rod and a crowbar and killed them. It is further alleged that they removed the Aluminium Coils from the Transformers in the premises which were non-functional. The worth of the properties so stolen away was around Rs.1,50,000/-. The occurrence was not witnessed by anyone. Thus, according to the case of the prosecution, these two accused had committed robbery with murder of both the deceased.

(c) P.W.1, the Spinning Master in the Mill, has stated that he used to go to the Mill everyday between 07.00 a.m. and 08.00 a.m. Both the deceased used to be in the Mill Premises until the arrival of P.W.1. P.W.1 was staying in the Mill premises itself. On 07.07.2010, around 8.00 a.m., P.W.1, as usual, came to the Mill and he was in the Mill till 07.00 p.m. Both the deceased came and reported for duty. Then, P.W.1 left for his house. On the next day, that was on 08.07.2010 around 08.30 a.m., as usual, P.W.1 came to the Mill premises. The small gate of the Mill, which would be normally kept under lock and key, was found open. He found the lock of the gate broken. Then, he called both the deceased by name. But, there was no response from inside. Then, he entered into the Mill premises. There, he found both the deceased tied to cot. There were extensive injuries on the bodies of both the deceased. Both were dead. When he inspected the premises, he found that the Copper and Aluminium wires from the Transformers worth Rs.1,50,000/- had been stolen away. He was shocked to see the sorry atmosphere. Then, he immediately went to the Dharmapuri Police Station and made a complaint at 09.00 a.m. on 08.07.2010.

(d) P.W.16, the then Sub-Inspector of Police, on receipt of the said complaint, registered a case in Crime No.1051/2010 under Sections 302 and 379 of IPC. Ex.P.1 is the complaint and Ex.P.32 is the First Information Report. He forwarded both the documents to court which were received by the learned Magistrate at 10.00 a.m. on 08.07.2010.

(e) P.W.19, the then Inspector of Police, took up the case for investigation. He went to the place of occurrence, prepared an Observation Mahazar and a Rough Sketch at the place of occurre