Arunachalam, J.

1. Referred Trial No.2 of 1993 is a reference made by the First Additional Sessions Judge, Coimbatore for confirmation of death sentence, imposed under two counts on appellant Mohan alias Mohandoss, for abetment of murders of Gomathi, hereinafter referred to as D.1, and Mahalakshmi, hereinafter referred to as D-2. The appellant was also convicted under Sec.392 read with Sections 397 and 109, I. P. C. for having abetted commission of robbery of certain pieces of jewellery worn by both the deceased. Appellant though found guilty, of this charge (two counts), no separate sentence was imposed in view of extreme penalty of law having been awarded for abetment of murder. Main offender Sivan could not be put up for trial, since it is stated, that he himself was the victim of murder sometime in March, 1992. Criminal Appeal No.497 of 1993 is the appeal preferred by the appellant challenging the sustainability of his convictions and consequent awarding of extreme penalty.

2. This prosecution relates, to gruesome murder of two ladies, aged about 35 years and 39 years, who were working as Junior Assistants in Huzur Treasury, Coimbatore. All the more intriguing are these murders since it is alleged, that they were committed between 1.30 p. m. and 2.30 p. m. on a working day in the verandah adjacent to the ladies toilet, situated in the same building, where the two ladies were employed.

3. It is the definite prosecution case, that these murders for gain, had been committed during lunch on interval on 23.9.1991, for D-2 was available till about 1.00 p. m. in her section, of which P. W.5, Ananthakrishnan, happened to be the Superintendent. D-1, Gomathi, did not attend office in the forenoon session, but reported for work at 1.30 p. m. on the occurrence day, to her Superintendent Doraivel, P. W.7 left for lunch only after Gomathi (D-1) arrived for her work. On his return after lunch, P. W.7 found D-1 missing from her seat and the neighbour of Gomathi (D-1) was unable to inform P. W.7, as to the whereabouts of D-1. The hand-bag of Gomathi (D-1) was found in her seat. D-1 did not return to her seat till 6.00 P. M.

4. P. W.6, Rajagopal, an Assistant in the Cotton Corporation of India, Coimbatore, is the husband of D-1. It was on 16.8.1990 that Gomathi (D-1) reported for duty at Coimbatore Huzur Treasury, on transfer. On the occurrence morning, a relation of Gomathi (D-1) had arrived. His wife told him, that she would be attending her office only in the afternoon, since it was her desire, to see her kin off. P. W.6, as usual, went away to his office in the morning and returned home at 6.30 p. m. His wife had not returned home till then. He enquired his children, about their mother. But, they replied, that she had not yet returned, from her office. P. W.6 presumed, that she might have proceeded either to a temple or not engaged in purchase of vegetables, on her way back home. P. W.6 was surprised, that his wife did not return home, even till 8.00 p. m. Anxiously he proceeded to Huzur Treasury and enquired the security staff, if any lady employee was still working. He received a negative reply. He returned home and waited for his wife, who did not come back, even till 10.00 p. m.

5. P. W.4, Soundararajan, a Fitter in Eltex Super Casting Company, Perianaickenpalayam, is the husband of D-2. On 23.9.199 1, P. W.3 left for his factory at 5.00 a. m. as usual. When he returned home at 8.00 p. m. he found his wife missing. He enquired his son only to get a reply that D-2 had not yet returned from her office. P. W.3 proceeded to the house of Seetha, elder sister of D-2 to find out if she was there by any chance. He was informed that D-2 did not arrive there. P. W.3 informed his desire to proceed to Huzur Treasury in search of his wife. Seetha told P. W.3 to wait for her son, since it was nighttime, so that in his company, he could make further enquiries. Raja, son of Seetha, met P. W.3 at 1.30 a. m. and offered his opinion, that it w