5
9.
In order to prove their case, the prosecution examined 14
witnesses. The appellants were also examined under Section 313 of
the Cr.P.C. wherein they pleaded that they are innocent and have been
falsely implicated in the offence.
10. The Sessions Court by its judgment dated 14.05.2014 came to
the conclusion that prosecution has successfully proved beyond doubt
that the appellants have committed robbery in the house of the
deceased persons and committed murder of all the five ladies. Each of
the appellants was sentenced with R.I. for ten years and fine of
Rs.500/-, in default of payment of fine, they will further undergo one
month's R.I. for the offence under Section 394 read with Section 34 of
IPC. They were also sentenced with capital punishment for the offence
under Section 302 read with Section 34 IPC and ordered that they will
be hanged till death.
11. The Death Reference under Section 366(1) of the Cr.P.C. was sent
to the High Court for confirmation. The appellants preferred separate
appeals before the High Court. As noticed above, the High Court by
its judgment dated 30.04.2015 affirmed the judgment of the Sessions
Court.
12. Appearing for the appellants Sh. S. Nagamuthu, learned senior
counsel has mainly contended that there was an unexplained delay in
reporting the offence. Secondly, the courts below have mainly relied
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