JUDGMENT : S. Nagamuthu, J. The appellants/accused 1 and 3 in S.C. No. 208 of 2013 on the file of the learned Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore. The second accused was one Mr. Swamiappan and the fourth accused was one Mrs. Renukadevi. The trial Court framed as many as five charges against the accused as detailed below: Serial Number of charge Charges framed against Charges framed under Section 1 A1 to A3 449 of IPC 2 A1 to A3 376 r/w 511 of IPC 3 A1 to A3 392 of IPC 4 A1 to A3 302 of IPC 5 A4 414 of IPC During the pendency of the trial, the second accused Mr. Swamiappan absconded and therefore the case against him was split up and being tried separately. By judgment dated 29.04.2015, the trial Court, acquitted the fourth accused, however convicted these two appellants/accused 1 and 3 under Sections 449, 376 r/w 511, 302 and 392 I.P.C. and sentenced them to undergo imprisonment for life and pay a fine of Rs.10,000/- each in default to undergo simple imprisonment for three months for offence under Section 449 I.P.C; to undergo rigorous imprisonment for five years and pay a fine of Rs.10,000/- each and in default to undergo simple imprisonment for three months for offence under Section 376 r/w 511 I.P.C.; to undergo imprisonment for life and pay a fine of Rs.25,000/- each and in default to undergo simple imprisonment for three months for offence under Section 302 I.P.C. and to undergo rigorous imprisonment for seven years and pay a fine of Rs.5,000/- each and in default to undergo simple imprisonment for three months for offence under Section 392 I.P.C. Challenging the said conviction and sentence, the appellants are before this Court with this appeal. 2. The case of the prosecution in brief is as follows: 2.1. The deceased in this case was a young girl by name Divya Mariya hardly aged about 17 years. P.W.1 is her father. P.W.1 was working in the Government hospital at Tirupur. The mother of the deceased was working as a teacher in a Government School at S.S. Kulam. The deceased had two brothers. One of the brothers was employed in All India Radio, Chennai and the other brother was studying in an Engineering College in Chennai. Thus, both the brothers of the deceased were staying in Chennai. The mother of the deceased was working as a teacher in a Government School at S.S. Kulam. The deceased had two brothers. One of the brothers was employed in All India Radio, Chennai and the other brother was studying in an Engineering College in Chennai. Thus, both the brothers of the deceased were staying in Chennai. P.W.1, his wife and the deceased were residing at No.10, Aruna Layout, Athipalayam, Santhi Road, Ganapathy, Coimbatore. P.W.1 and his wife used to leave their house in the morning to go to their respective office and to return in the evening. Thus, during the day time, after the departure of P.W.1 and his wife, the deceased alone used to be in the house. 2.2. On 12.07.2011, as usual, in the morning around 07.30 a.m. P.W.1 and his wife left the house. Thus, the deceased alone was in the house. At around 03.30 p.m., P.W.1 returned to his house from his office. He found the main door of the house simply closed without either locked from outside or bolted from inside. P.W.1 opened the door and went into the main hall of the house where to his shock, he found the dress and other properties in the house in a disarray. He called the deceased by name. But, there was no response. He went into the bedroom where he found the steel bureau left open. The dress and other materials in the bureau were found lying in the bedroom. The deceased was lying by the side of the cot in a pool of blood. Her hands and legs were tied with ropes. There were injuries on the body of the deceased. She was no more. P.W.1, in a state of shock, cried for help. Then, he informed his wife over phone at 05.00 p.m. He also found a gold chain weighing two sovereign, a pair of gold ear studs, two gold chains and four pairs of ear studs missing. 2.3. P.W.1 went to B9, Coimbatore City Crime Branch Police and made a complaint (vide Ex.P1). P.W.16 the then Special Sub Inspector of Police, on receipt of the said complaint, registered a case in Crime No.708 of 2011 under Sections 302 and 380 I.P.C. 2.4. P.W.19 took up the case for investigation. 2.3. P.W.1 went to B9, Coimbatore City Crime Branch Police and made a complaint (vide Ex.P1). P.W.16 the then Special Sub Inspector of Police, on receipt of the said complaint, registered a case in Crime No.708 of 2011 under Sections 302 and 380 I.P.C. 2.4. P.W.19 took up the case for investigation. During investigation, it came to light that the accused 1 to 3 herein, after having ascertained that the deceased alone was inside the house, trespassed into the house and all the three had made attempt to rape the deceased. In the said attempt, the second accused closed her mouth with his hands. The first and the third accused tied her hands behind, the second accused bite her right side breast and pressed her abdomen, neck and other parts and caused nail marks. The first accused bite her upper lips and squeezed her right side breast and the third accused, squeezed her left side breast and bite her on her lips. But, they could not succeeded in rapping the deceased. Then, the second accused, with the help of the accused 1 and 3, strangulated the deceased by using a cloth as a ligature and killed her. Then the third accused had stolen cash of Rs.80,000/- and jewels weighing eight sovereigns besides a cell phone. The second accused took away the four sovereigns of gold chain from the neck of the deceased and a pair of ear studs also from the deceased. Then, after closing the door from outside, all the three accused, escaped from the scene of occurrence with the looted properties. It is further alleged that thereafter, the accused 1 to 3 pledged some of the jewels to the 4th accused on 19.07.2011. The occurrence was not witnessed by anybody. 2.5. P.W.19, who took up the case for investigation, proceeded to the place of occurrence on 12.07.2011 at 05.30 p.m. and prepared an observation mahazar and a rough sketch in the presence of P.W.3 and another witness. He conducted inquest on the body of the deceased between 07.00 p.m. to 10.30 p.m. and forwarded the body for postmortem. He recovered the bloodstained earth and sample earth from the place of occurrence and also the other bloodstained material objects found in the bedroom where the deceased was lying dead. He examined P.W.1 and few more witnesses and recorded their statements. 2.6. P.W.4 Dr. He recovered the bloodstained earth and sample earth from the place of occurrence and also the other bloodstained material objects found in the bedroom where the deceased was lying dead. He examined P.W.1 and few more witnesses and recorded their statements. 2.6. P.W.4 Dr. Jayasingh, conducted autopsy on the body of the deceased on 13.07.2011 at 10.15 a.m. He found the following injuries: "Injuries: (1) Horizontal stab wound 2x0.5 cmx Trachea lumen deep noted over front of left side upper neck, the medial blunt end is 0.5 cm left to midline and lateral sharp end is 4.5 cm below to chin. The wound passes inwards, backwards, obliquely towards right side neck, just above upper border of thyroid cartilage across the thyro hyoid membrane and passes through the laryngeal cavity the piercing the right side thyro hyoid membrane and ends into the right common carotid artery by piercing the carotid sheet with surrounding blood clots weighing about 50 gms noted. The total length of wound track is 7 cm. (2) Horizontal stab wound 2x0.5cmxbone deep noted over left side neck. The medial blunt end is 1 cm left to midline and 1 cm below and lateral to wound No.1 and the lateral sharp end is 5 cm below to mandible. The wound passes inward, backwards, obliquely towards right side neck piecing the underlying muscle, vessels and nerves passing just below to esophagus and entering into gap of right side transverse mucous of C-5, C-6 vertebra measuring 1x0.5cm. The total length of wound track is 6 cm. (3) Horizontally stab wound 1.5x0.5 cm noted over left side neck. The medial sharp end is 3 cm left to midline and 1 cm lower left to wound No.2 and the lateral blunt end is 6 cm below to mandible. The wound passes inward downwards obliquely and medially piercing the muscle, nerves and vessels upto 3 cm muscle deep. (4) Horizontal stab wound 1.5x05 cm x laryngeal cavity deep noted over middle of neck, 7 cm below to chin at the level of just above to thyroid cartilage. The wound passes inwards, downwards and enter into the laryngeal cavity. (5) A complete transverse pressure ligature abrasion 18x2 to 1 cm noted over middle of neck just below to wound No.4. Both ends are overlapping one and above over the right side neck. The wound passes inwards, downwards and enter into the laryngeal cavity. (5) A complete transverse pressure ligature abrasion 18x2 to 1 cm noted over middle of neck just below to wound No.4. Both ends are overlapping one and above over the right side neck. The right end is 10 cm below to right ear lobe and left end 12 cm below to left ear lobe. The base of the ligature mark soft and intermittently bruised. (6) Nail mark abrasion 0.2x01. Cm noted over left side middle of neck, 2 cm left to midline, the concavity noted on towards upward direction. (7) Nail mark abrasion 0.2x0.1 cm noted over left side upper abdomen, 2 cm left to midline. The concavity noted on towards upward direction. (8) Reddish contusion 2x1x0.5 cm noted over left ileac fossa, 7 cm left to midline. (9) Laceration 1x0.5cmxskin deep noted inner aspect of left side lower lip, 0.5 cm left to midline. (10) Reddish contusion 1x0.5 cm noted over middle of upper lip. (11) Curved bite mark 4x0.5 cm noted over right upper outer quadrant of the right side breast. Another curved bite mark 3x0.5 cm noted over right upper quadrant, 3 cm above and lateral to previous bite mark. (12) Reddish contusion 10x8x0.5 cm noted over right middle and upper lateral quadrant of the right side breast. (13) Multiple reddish contusions of varying sizes and shapes noted over upper half of the left side breast. (14) Reddish contusion 4x3x0.5 cm noted on back of left elbow joint. On dissection of the neck: Reddish contusion 6 cm noted over lateral aspect of right side neck, 1 cm right to midline at the level of thyroid cartilage. Reddish contusion 2x2 cm noted over lateral aspect of left lower neck, 1 cm left to midline at the level of 3rd to 5th thyroid ring. Reddish contusion 10x3 cm noted on left side paraspinal muscles. Hyoid bone: intact. Reddish contusion 2x2 cm noted over lateral aspect of left lower neck, 1 cm left to midline at the level of 3rd to 5th thyroid ring. Reddish contusion 10x3 cm noted on left side paraspinal muscles. Hyoid bone: intact. Other findings: Peritoneal and pleural cavities – empty; Larynx and Trachea contains weighing about 50 gms of clotted blood; Heart – right side chambers contain above few cc of fluid blood, left side chamber empty, Coronaries patent; Stomach contains about 150 gms of brown coloured partially digested food particles, no specific smell, mucosa congested; Small intestine: contains about 10 ml of bile stained fluid, no specific smell, mucosa congested; Liver, spleen, brain, lungs and kidneys: cut section congested; Urinary bladder empty; Uterus – normal in size, cut section empty. Old healed hymen tear noted over 3, 9 and 11 clock position." Ex.P5 is the postmortem certificate and Ex.P6 is his final opinion. According to him, the deceased would have died due to shock and hemorrhage due to multiple stab injuries and the death would have occurred 12 to 24 hours prior to autopsy. 2.7. During the course of investigation, on 01.08.2011, at 02.00 p.m. P.W.19 arrested the first accused at Coimbatore in the presence of P.W.11 and another witness. On such arrest, the first accused gave a voluntary confession. In pursuance of the same, he produced a gold chain weighing 16.8 grams. P.W.19 recovered the same under a mahazar. Then, in pursuance of the disclosure statement, he took the police and the witnesses to Tirupur Anuparpalayam and identified "Sri Sakthi Finance" and told that he had pledged four gold balls, two gold ear studs and two other ear studs (totally eight items). Accordingly, they were recovered. P.W.19 recovered the receipt book containing the evidence of pledging of the jewels and the ledger book containing necessary entries. 2.8. On the same day around 06.00 p.m. at Tirupur Puluvanpatti, he arrested the second accused in the presence of P.W.11 and another witness. On such arrest, he made a voluntary disclosure in which he had disclosed the place where he had hidden the bloodstained shirt and a bloodstained knife. In pursuance of the said disclosure statement, the second accused took the police and the witnesses to the place of hideout and produced the said material objects. On such arrest, he made a voluntary disclosure in which he had disclosed the place where he had hidden the bloodstained shirt and a bloodstained knife. In pursuance of the said disclosure statement, the second accused took the police and the witnesses to the place of hideout and produced the said material objects. Then, in pursuance to the said disclosure statement, the second accused produced a gold chain with a Cross weighing 29.9 gms, a key and a cell phone. P.W.19 recovered all these properties under a mahazar. On the same day, as per the disclosure statement, the second accused took the police and the witnesses to "Sri Sakthi Jewelry" at Avinashi and identified the said shop where he had pledge a pair of gold ear studs weighing 3.200 gms and the same was recovered by P.W.19 under a mahazar. 2.9. On the same day at 09.00 p.m. the first accused in pursuance of the disclosure statement identified the third accused. P.W.19 arrested the third accused in the presence of P.W.11 and another witness. On such arrest, the third accused also gave a voluntary confession and produced a gold chain weighing 30 gms. P.W.19 recovered the same under a mahazar. Then, on returning to the police station, he forwarded all the three accused to the Court and handed over the material objects also to the Court. 2.10. On 02.08.2011 at 03.00 p.m. he arrested the fourth accused. P.W.19 recovered a Receipt bearing No.5622 issued by "Sri Sakthi Finance", to prove the pledging of gold jewels by the fourth accused. Then, he forwarded the fourth accused also to Court for judicial remand. 2.11. On 11.08.2011, P.W.19 recovered 2.5 gms of gold ring from Muthoot finance, which was pledged by the first accused. Then, he made a request to the Court to forward the material objects recovered from the place of occurrence for chemical examination along with the bloodstained clothes recovered from the second accused. All the material objects were accordingly sent for analysis. 2.12. During the course of investigation, at the request by the investigating officer, P.W.8 conducted test identification parade, in which, the accused 1 to 3 were put up for test identification parade on 22.08.2011. P.W.5 Ms. Mary Rita and P.W.12 Mr. Sekar were allowed to participate in the test identification parade. These two witnesses identified all the three accused correctly. 2.12. During the course of investigation, at the request by the investigating officer, P.W.8 conducted test identification parade, in which, the accused 1 to 3 were put up for test identification parade on 22.08.2011. P.W.5 Ms. Mary Rita and P.W.12 Mr. Sekar were allowed to participate in the test identification parade. These two witnesses identified all the three accused correctly. The fingerprint expert who visited the scene of occurrence on the request of P.W.19, on through examination, found that there was a chance fingerprint found, which later on found to tally with the fingerprint of the third accused. The investigation was continued by P.W.20 and then by P.W.21. Finally, P.W.21 laid the charge-sheet against all the four accused. 2.13. Based on the above materials, the trial Court framed charges as detailed in the first paragraph of this judgment, which the accused denied. In order to prove the case, on the side of the prosecution, as many as 21 witnesses were examined, 36 documents and 31 material objects were marked. 2.14. Out of the said witnesses, P.W.1 is the father of the deceased, who has stated that on the day of occurrence, the deceased alone was in his house. He has further stated that he returned to his house by around 03.30 p.m. and he found the main door of the house closed but was neither locked from outside nor bolted from inside. When he entered into the house he found the dress and other materials in disarray, bureau in the bedroom was open, things were found laying everywhere, the deceased was lying dead in a pool of blood with injuries. The gold jewels M.Os.1 to 10 were found missing. P.W.2 is the co-brother of P.W.1. He has stated that at around 04.00 p.m. on hearing about the occurrence, he went to the place of occurrence and he drafted Ex.P1 complaint as dictated by P.W.1. Then, P.W.1 he went to the police station and made a complaint. P.W.3 has spoken about the preparation of observation mahazar and the rough sketch and the recovery of material objects from the place of occurrence. P.W.4 has spoken about the postmortem conducted and his final opinion regarding the cause of death. 2.15. P.W.5 is an important witness to the prosecution, according to her, the house were the occurrence had taken place is situated just behind the house of this witness. P.W.4 has spoken about the postmortem conducted and his final opinion regarding the cause of death. 2.15. P.W.5 is an important witness to the prosecution, according to her, the house were the occurrence had taken place is situated just behind the house of this witness. It is her evidence that one could see the house of the deceased from the house of this witness. In between these two houses, there is only a small vacant site. On 11.07.2011 around 11.00 a.m. to 12.00 noon, the second accused was standing on the said vacant site and he was looking at the same. P.W.5 was under the impression that he came there either to see the vacant site or to whitewash the compound wall. On 12.07.2011, she went to the house of one Sundar which is also situated very nearer to her house. When she was returning from the house of Sundar to her house via the house of deceased, she found three persons coming out of the house of the deceased after closing the main door of the house. The time at which she saw these three persons was sometime between 12.00 noon to 01.00 p.m. P.W.5 did not take it seriously and she returned home. Then, in the evening, she came to know about the occurrence and then disclosed about her witnessing three persons coming out of the house. She gave the identification features of the three persons to the police. After the arrest of the accused 1 to 3, in the test identification parade held by P.W.8, the learned Magistrate, she identified all the three accused. 2.16. P.W.6 is a broker fixing houses for rent for his clients. The first accused was also a broker. All such persons doing the brokerage used to meet at Om Sakthi temple. During the year 2011, in the month of July, there was such meeting in the temple. The first accused also had come for the said meeting. The first accused told P.W.6 that he was working under an Advocate in Coimbatore at Ganapathy. He requested P.W.6 to fix a house for rent for one of his friends. One Senthil, another broker had told that here was a house available for rent. Therefore, P.W.6 took the first accused to meet Senthil. Mr. Senthil in turn took P.W.6 and the first accused to Aruna Layout and met P.W.1. He requested P.W.6 to fix a house for rent for one of his friends. One Senthil, another broker had told that here was a house available for rent. Therefore, P.W.6 took the first accused to meet Senthil. Mr. Senthil in turn took P.W.6 and the first accused to Aruna Layout and met P.W.1. The portion of the house where the occurrence had taken place was laying vacant. It was owned by P.W.1 and P.W.1 intended to rent it out. The first accused, after having seen the said house, told that he liked the house and further told that he would come back again with his friend for whom he was in search of the house. Then, P.W.6 and the first accused left the house of P.W.1. Thereafter, on 12.07.2011, P.W.6 found the first accused in the company of the accused 2 and 3 at the entrance of the street, where the house of P.W.1 was situated. At that time, the first accused told him that the house had been given to somebody else. 2.17. P.W.7 has stated that on 11.07.2011, he went to the house of P.W.1 and negotiated with him for a mortgage of the house of P.W.1 for a sum of Rs.4,00,000/-. He gave Rs.2,00,000/- to P.W.1 on 09.07.2011. Then again on 11.07.2011 he gave Rs.1,00,000/-. On paying Rs.1,00,000/- on 11.07.2011, he received the key of the house. Thereafter, he came to know that the deceased had been done to death. P.W.8 has spoken about the test identification parade held by him, in which P.Ws.5 and 12 identified the accused 1 to 3. 2.18. P.W.9 was the manager of Muthoot Finance. According to him, on 13.07.2011, the first accused came to his concern and mortgaged a gold ladies ring weighing 2.6 gms for a sum of Rs.4,000/- He issued Ex.P8 receipt for the same. It was their business practise to take photograph of the person who pledged the jewels. Accordingly, the photograph of the first accused was taken and preserved. In order to prove the identity, as per the business practise, a xerox copy of the driving licence of the first accused was also secured and affixed to the ledger. After the arrest of the first accused, the receipt Ex.P8 was produced from the first accused and he returned the above gold ring (M.O.10). 2.19. P.W.10 was a handwriting expert working in the police department. After the arrest of the first accused, the receipt Ex.P8 was produced from the first accused and he returned the above gold ring (M.O.10). 2.19. P.W.10 was a handwriting expert working in the police department. According to her, on 12.07.2011, as requested by P.W.19 she visited the place of occurrence and examined for any chance fingerprint. During such examination, she found two chance fingerprints on the almirah. Out of the two, one was not fit for examination as it was smudged. Therefore, she took photograph of one chance fingerprint. Then, the same was compared with the fingerprints of the previous offenders kept in the fingerprint bureau. The chance fingerprint tallied with the admitted fingerprint of the third accused herein, who was earlier involved in Karumathipatti Police Station Crime No.162 of 2010. P.W.11 has spoken about the arrest of all the four accused, the disclosure statements made and the recovery of material objects. 2.20. P.W.12 has stated that on 12.07.2011 at 11.30 a.m., when he was passing through the road in front of Aruna Layout (the place of occurrence) he found three persons entering into the house of the deceased at around 11.30 a.m. He did not take it seriously. Then, he came to know that the deceased was no more. Then, during interrogation, he told the above facts to the police. Thereafter, he identified the accused 1 to 3 during the test identification parade as the persons who were seen entering into the house of the deceased. 2.21. P.W.13 is a pawn broker running business under the name and style "Sri Sakthi Finance" at Anuparpalayam, Tirupur. According to him, the fourth accused came along with accused 1 to 3 on 17.07.2011 and in the presence of accused 1 to 3, the 4th accused pledged two pairs of ear studs, two drops and two more ear studs all made of gold weighing together 9.500 gms for a sum of Rs.11,500/-. After the arrest of the accused, the police recovered these six material objects. 2.22. P.W.14 has stated that on 22.09.2011, at 10.00 a.m. he witnessed the recovery of the motorcycle bearing registration No. TN 37 AR 2418 (M.O.16). P.W.15 a police constable has stated that he took the dead body of the deceased from the place of occurrence and handed over the same to the doctor for postmortem as directed by P.W.19. P.W.16 has spoken about the registration of the case. P.W.15 a police constable has stated that he took the dead body of the deceased from the place of occurrence and handed over the same to the doctor for postmortem as directed by P.W.19. P.W.16 has spoken about the registration of the case. He has stated that he recorded the statement of P.W.1 and about the registration of the case. P.W.17 is the Nodal Officer in Aircel Company. He has stated that as requested by P.W.19, he gave the call details of the cell phone No.8675409836 for the period between 01.07.2011 and 26.07.2011 (vide Ex.P26). 2.23. P.W.18 has spoken about the arrest of all the four accused, their confession and the recovery of material objects. P.Ws.19 to 21 have spoken about the investigation done and the final report filed. 3. When the above incriminating materials were put to the accused under Section 313 Cr.P.C., they denied the same as false. However, they did not choose to examine any witness nor to mark any document on their side. Their defence was a total denial. Having considered all the above, the trial Court convicted the accused 1 to 3 as detailed in the first paragraph of this judgment and that is how, the accused 1 and 3 are before this Court with this appeal. 4. We have heard the learned counsel appearing for the appellants and the learned Additional Public Prosecutor appearing for the State. We have also perused the records carefully. 5. This is a case based on circumstantial evidence. There is no denial of the fact that on 12.07.2011, P.W.1 and his wife had left for their workplace leaving the deceased alone in the house. At around 03.30 p.m. when P.W.1 returned to his house, the deceased was lying dead in a pool of blood with injuries and her hands were found tied with a cloth. According to the medical evidence, the death was due to the stab injuries. Thus, the prosecution has succeeded in establishing that the deceased had died sometime between 07.30 a.m. and 03.30 p.m. on 12.07.2011 and it was a homicide. 6. From the evidence of P.W.1, it is crystal clear that M.Os.1 to 10 the gold jewels which were either worn by the deceased or kept in the bureau of the bedroom were found missing. 6. From the evidence of P.W.1, it is crystal clear that M.Os.1 to 10 the gold jewels which were either worn by the deceased or kept in the bureau of the bedroom were found missing. Thus, the prosecution has proved that the robbery of these valuable gold jewels had taken place from the same transaction in which the deceased was killed. 7. Now the question is, "Who are the perpetrators of the crime ? In order to prove the same, the prosecution has relied on a number of circumstances. The first circumstance is the evidence of P.W.12. P.W.12 is a resident of the locality where the occurrence had taken place. According to him, around 11.30 a.m. when he was passing through the main road in front of Aruna layout, he found three persons entering into the house of the deceased. He did not take it seriously at that time. Later he came to know about the occurrence. Then, he disclosed about the above fact to the police and also gave description of the three persons. During the test identification parade, he identified the accused 1 to 3 as those three persons who entered into the house. 8. The learned counsel for the appellants would submit that the evidence of this witness cannot be believed because these accused would have been shown before the test identification parade. He would further submit that this witness has been planted by the police. We find no force in the said argument. Though this witness was subjected to grueling cross examination, nothing could be elicited to create even a slightest doubt in his evidence. As a matter of fact, many of the answers elicited during cross examination further add strength to the chief examination. He has denied the suggestion that he had occasion to see all the three accused before the test identification parade. Thus, we do not find any reason to reject the evidence of this witness. Thus, we hold that this important circumstance that the accused 1 to 3 were found entering into the house of the deceased at 11.30 a.m. stands proved. 9. Then comes the evidence of P.W.5. P.W.5 is also a resident of the same locality. There is a vacant site between the house of P.W.5 and the deceased. According to her, one could see from her house, the house of the deceased. 9. Then comes the evidence of P.W.5. P.W.5 is also a resident of the same locality. There is a vacant site between the house of P.W.5 and the deceased. According to her, one could see from her house, the house of the deceased. She has stated that around 11 to 12 hours on 11.07.2011, she found the second accused on the vacant site and looking at the same. She believed that he had came there either to see the vacant site or to whitewash the compound wall. On 12.07.2011, according to her, she had gone to the house of one Sundar. When she was returning, around 12.00 noon and 01.00 p.m. she found three persons coming out of the house of the deceased. At that time, she did not take very seriously about the same. Later, she came to know that the deceased was no more and then she disclosed about the said fact to the police. In the test identification parade held, she identified the accused 1 to 3 as the persons who came out of the house of the deceased. 10. The learned counsel for the appellants would submit that this witness also cannot be believed as she has been planted. We find no reason to reject the evidence of this independent witness. This witness has also been cross examined at length. But nothing has been elicited from her so as to doubt her credibility. The learned counsel for the appellants would take us through the cross examination of this witness, wherein, she has admitted that she did not remember the colour of the shirts worn by the accused. Referring to this, the learned counsel would submit that this witness cannot be believed. 11. We find it difficult to accept this argument, because on the score that she could not remember the colour of the dress, we cannot reject the identification of the accused made by her both during the test identification parade as well as before the Court. From her evidence, in our considered view, the prosecution has clearly established that these three accused were found fleeing away from the house of the deceased between 12.00 noon and 01.00 p.m. on 12.07.2011. 12. The next circumstance is the evidence of P.W.9 Mr. Kowsik Borig. According to him, on 13.07.2011, the first accused came to his shop and pledged M.O.10 the gold ladies ring. 12. The next circumstance is the evidence of P.W.9 Mr. Kowsik Borig. According to him, on 13.07.2011, the first accused came to his shop and pledged M.O.10 the gold ladies ring. Ex.P8 receipt was issued by him. M.O.10 has been proved to be one of the stolen properties from the body of the deceased. This has been spoken by P.W.1. On the arrest of the first accused, on the disclosure statement made by him, Ex.P8 receipt was recovered and out of the said disclosure statement, the fact that M.O.10 had been pledged came to the knowledge of the police and that is how M.O.10 was recovered from the possession of P.W.9. P.W.9 is a manager of the reputed company has stated that as per the business practise, photograph of the person who pledged would be taken and it will be affixed and preserved. In the instant case, the photograph of the first accused was taken and it was affixed to the ledger. Similarly, a xerox copy of the driving license of the first accused was also obtained and that was also preserved. These documents viz., Exs.P8, P9 and P10 were recovered. The Ledger was also recovered. From these documents and from the oral evidence of P.W.9, it has been clearly established by the prosecution that the first accused was in possession of M.O.10 the stolen property on 13.07.2011 and he pledged the same with P.W.9. The same was recovered on the disclosure statement made by him as spoken by P.W.11 and the investigating officer. The accused had got no explanation for his possession. 13. P.W.10, is yet another important witness for the prosecution. She is an expert in fingerprint science working in the police department. She visited the place of occurrence on 13.07.2011 and lifted a chance fingerprint from the place of occurrence. When she compared the same with the fingerprints of the previous offenders kept in the fingerprint bureau, she found that the fingerprint of the third accused tallied with the chance fingerprint. The admitted fingerprint of the third accused was preserved in connection with Crime No.162 of 2010 on the file of the Karumathipatti Police Station. There is no reason to reject this important piece of evidence. The third accused has no explanation as to how this fingerprint had gone to the almirah in the bedroom of the house of the deceased. The admitted fingerprint of the third accused was preserved in connection with Crime No.162 of 2010 on the file of the Karumathipatti Police Station. There is no reason to reject this important piece of evidence. The third accused has no explanation as to how this fingerprint had gone to the almirah in the bedroom of the house of the deceased. The only reasonable inference which could be drawn out of the same is that the third accused had entered into the bedroom and handled the almirah and that is how his fingerprint was affixed on the almirah. 14. Then comes the evidence of P.W.13. He is a pawn broker running his business under the name and style "Sri Sakthi Finance" at Anuparpalayam, Tirupur. According to him, on 17.07.2011, the accused 1 to 3 came along with the 4th accused. The 4th accused introduced these three accused and then she pledged eight items of gold jewels, which have been proved to be the stolen articles. The receipt and the ledger were also recovered by the police. From her evidence, it has been proved that eight items of gold jewels stolen from the house of the deceased were all found in the possession of these accused and the same was pledged with the help of P.W.4 to P.W.13 on 17.07.2011. There is no explanation by these accused regarding the possession of these stolen jewels. 15. P.W.17, has been examined by the prosecution to prove the call details of the cell phone bearing No.8675409836. But unfortunately, no weightage could be given to this evidence and the call details (vide Ex.P26) because there is no certificate obtained as provided under Section 65B of the Evidence Act from a competent authority. 16. It has also been established that the first accused had come to know that the house of the deceased was given on mortgage and cash of Rs.3,00,000/- had been received by P.W.1 and the same was kept in the bureau. The injuries found on the breast, neck and other parts of the body of the deceased would go to show that the accused had made attempt to rape the deceased. From these circumstances, in our considered view, the prosecution has proved beyond any doubt that these two appellants along with the second accused had committed the heinous crimes as charged. The injuries found on the breast, neck and other parts of the body of the deceased would go to show that the accused had made attempt to rape the deceased. From these circumstances, in our considered view, the prosecution has proved beyond any doubt that these two appellants along with the second accused had committed the heinous crimes as charged. The circumstances proved by the prosecution would form a complete chain without any missing link and unerringly point to the guilt of these two appellants. Thus, the trial Court was right in convicting these two appellants. There is no other hypothesis which would be inconsistent with their guilt. 17. In respect of the quantum of punishment also, the trial Court has taken into account the mitigating as well as the aggravating circumstances to assess the quantum of punishment. We do not find any reason to interfere with the same also. Thus, we do not find any merit at all in this appeal. 18. In the result, the appeal fails and the same is accordingly dismissed. The conviction and sentence imposed against the appellants/first and third accused by the learned Additional Sessions Judge, Magalir Neethimandram (Mahila Court), Coimbatore in S.C. No.208 of 2013 dated 29.04.2015, is hereby confirmed.