JUDGMENT :

C.V. Nagarjuna Reddy, J.

1. The sole accused in Sessions Case No. 447 of 2010 on the file of learned II Additional District and Sessions Judge, Chittoor, at Madanapalle, filed this appeal, feeling aggrieved by his conviction for the offences punishable under Sections 449, 302 and 404 I.P.C., and sentencing him (i) to undergo rigorous imprisonment for seven years and also to pay a fine of Rs. 500/- and, in default of payment of fine, to suffer simple imprisonment for two months for the offence punishable under Section 449 I.P.C.; (ii) to undergo imprisonment for life and also to pay a fine of Rs. 500/- and, in default of payment of fine, to suffer simple imprisonment for two months for the offence punishable under Section 302 I.P.C. and; (iii) to undergo simple imprisonment for a period of two years and also to pay a fine of Rs. 300/- and, in default of payment of fine, to undergo simple imprisonment for one month for the offence punishable under Section 404 I.P.C. The Court below did not indicate as to whether the sentences shall run concurrently or not.

2. The gravamen of the allegation against the appellant is that on 8.11.2009 at about 2.30 p.m., he caused the death of one Bojanapu Akkulamma (hereinafter referred to as 'the deceased'), who was the mother of PW 1 and mother-in-law of PW 2, and committed the theft of jewellery from her house.

3. Based on the charge-sheet filed and the material collected during the investigation by the police, the Court below framed the following charges.

"Firstly:

That you on or about 8.11.2009 at about 2-30 p.m., committed house trespass by entering into the house of one Bojanapu Akkulamma used as human dwelling in order to commit an offence punishable with death i.e., to commit murder of the deceased Bojanapu Akkulamma and that you thereby committed an offence punishable under Section 449 of Indian Penal Code and within my cognizance.

Secondly.

That you on the above said date, time and place i.e., Kotlatapalle Road, Madanapalle Town committed murder intentionally causing the death of Bojanapu Akkulamma by closing her nose and mouth with a pillow by force and that of you thereby committed an offence punishable under Section 302 of Indian Penal Code and within my cognizance.

Lastly.

That you on the above said date, time and place dishonestly misappropriated certain property i.e., gold ornaments and cash of Rs. 89,000/- knowing that such property was in the possession of the deceased Bojanapu Akkulamma at the time of her death and had not since been in the possession of any personal legally entitled to such possession and that you thereby committed an offence punishable under Section 404 of Indian Penal Code and within my cognizance."

4. As the plea of the appellant was one of denial, he was subjected to trial, during which, the prosecution examined PWs. 1 to 12, got Exs. P1 to P15 marked and produced MOs. 1 to 21. On behalf of the defence, no evidence was let in.

5. On appreciation of the oral and documentary evidence, the Court below has disposed of the case in the manner as indicated above.

6. We have heard Mr. D. Kodanda Rami Reddy, learned Counsel for the appellant, and the learned Counsel representing the learned Public Prosecutor (A.P.) appearing for the respondent-State.

7. This is a case based on circumstantial evidence. PWs. 1 to 5 are the crucial witnesses. The occurrence, allegedly, took place on 8.11.2009 at 2.30 p.m., and Ex. P1-report was given to the police at about 8.00 p.m. As per the case of the prosecution, PW 1 was residing in the ground floor and the appellant alongwith his family, the deceased alongwith her family and the families of PWs. 3 and 4 were residing in different portions of the second floor of the same building, while PW 2 was residing in another building adjacent thereto.

8. In her evidence, PW 2 deposed that on the date of occurrence, there was rain; that when she went to the terrace of her building to clear the rainwater sullage at the outlet pipe, she notice