SURESH @ SURENDRA Vs. STATE

JUDGEMENT

(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:

(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].