P. SWAROOP REDDY, J.

( 1 ) THIS criminal appeal is filed against the conviction imposed on the appellant-accused in s. C. No. 50 of 2002, dated 30-9-2003, on the file of the Principal Sessions Court, East godavari, Rajahmundry whereunder the learned Judge sentenced the appellant- accused to undergo life imprisonment and also pay a fine of Rs. 500/- in default to undergo simple imprisonment for one month for the offence punishable under section 302 of the Indian Penal Code (for short i. P. C ), to undergo three years imprisonment and also pay a fine of Rs. 500/-, in default to undergo simple imprisonment for one month for the offence punishable under Section 201 I. P. C. , and to undergo three years imprisonment and pay a fine of rs. 500/-, in default to undergo simple imprisonment for one month for the offence punishable under Section 379 I. P. C.

( 2 ) THE case of the prosecution is that the accused is a resident of ramachandrapuram who runs foot wear shop under the name New Chaitanya Foot wear Shop at Ramachandrapuram. The deceased is a married woman hailing from Venruru Village having a son and married daughter who used to visit the shop of the accused frequently. The accused had developed illegal intimacy with the deceased. It is alleged that on 19-4-2001 at 1 p. m. , in the store room of the shop of the accused, the accused had sexual intercourse with the deceased. Thereafter the accused committed murder of the deceased by giving injection i. e. , composition of diazepam mixed with snake poison and when she was semi conscious, the accused squeezed her neck. After the offence the accused removed the dead body into his fiat Car bearing No. AP 5q 5500 and left the same at the vacant place belonging to the Endowments Department. He also committed theft of gold ornaments from the dead body of the deceased. When bad smell emanated from the car, the offence came to light. In the meanwhile on 20-4-2001, the accused pledged the ear studs of the deceased with pawn broker and borrowed Rs. 400/ -. On 21-4-2001, v. A. O. of Ramachandrapuram got information about the car which was abandoned in the vacant site of Endowments department, from which bad smell was coming and he went to the spot and got opened the dickey and found the dead body of the deceased and lodged a complaint to the police. Initially a case in Cr. No. 25 of 2001 under Section 174 Cr. P. C. was registered. Later, on the instructions of the sub-Divisional Officer, Inspector of Police took up investigation.

( 3 ) CHARGES under Sections 302, 201 and 379 I. P. C. were framed against the accused, for which he pleaded not guilty.

( 4 ) ON behalf of the prosecution, p. Ws. 1 to 18 were examined and Exs. Pl to p40 and M. Os. l to 16 were marked.

( 5 ) AFTER the closure of the prosecution evidence, the accused was examined under Section 313 Cr. P. C. with reference to the incriminating material appearing against him in the evidence of prosecution witnesses, he denied the same and filed a written statement contending that he has not committed the offence and he is the owner of the Fiat Car bearing No. AP 5q 5500. As he had no parking place at his house, on 18-4-2001 as he was going to visakhapatnam he parked the car in the open place of Endowments Department and locked the car and also dickey he returned on 21-4-2001. After return, he was called to the Police Station at Ramachandrapuram and found the car parked outside the Police station and found the dickey lock broken. On 28-4-2001 he was produced in the court and till then he was in police custody. He has not stolen the ornaments from the dead body of the deceased and a false case is foisted against him. He also examined a witness, D. W. 1.

( 6 ) OUT of the witnesses examined on behalf of the prosecution, P. W. I is the v. A. O. of Ramachandrapuram who got information about the dead body of the deceased lying in the car, went to the spot, opened the dickey on 21-4-2001 at 9. 30 p. m. , and found the dead body in putrefying s

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