ORDER :

K. Ramaswamy, J.

1. We have heard learned counsel for the State and the petitioner. Special leave granted.

2. The appellant is the second accused in the case. The case of the prosecution is that one Pathumma, the deceased, was a resident of Kunnappalli in Pathakkara amson. On May 29, 1987, the deceased was seen alive by PW 1. On the next day, namely, May 30, 1987, PW 4 went to the house of the deceased in the early morning and found her dead. Thereafter a complaint was lodged that A-1 and A-2 were found loitering in the neighbourhood of the house of the deceased and they had committed murder and thereafter decamped with the ornaments belonging to the deceased. The appellant was arrested on June 25, 1987. MO-4, Gold earrings were said to have been recovered from the appellant under Panchnama drawn and attested by PW 6, the Head Constable and another Panch witness. Thereafter PW 14 stated that the appellant and another person have sold ornaments, MO-6. He converted the ornaments belonging to the deceased into ingot MO-9. On the basis of this evidence, the trial court convicted the appellant for the offence under Section 302 Indian Penal Code and also convicted him under Section