JUDGMENT :

C. PRAVEEN KUMAR, J.

1. The sole accused in Sessions Case No. 259 of 2011 on the file of VIII Additional District and Sessions Judge (Fast Track Court) at Chittoor, is the appellant herein. He was tried for the offence punishable under Sections 302 and 404 of Indian Penal Code (for short “I.P.C.”) for causing the death of deceased T. Suresh. By his judgment dated 21.10.2011, the learned VIII Additional District and Sessions Judge (Fast Track Court), Chittoor, convicted the accused and sentenced him to suffer imprisonment for life and also to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for three months for the offence punishable under Section 302 of I.P.C. and the accused was further sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs. 500/- in default to suffer rigorous imprisonment for a period of one month for the offence punishable under Section 404 of I.P.C.

2. The facts as culled out from the evidence of prosecution witnesses are as under:

PW-1 T. Sudhakar is the brother and PW-2 M. Thangaraj is the father of the deceased-T. Suresh and they were living in Pernambut village, Gudiyatham Taluk. The deceased was working in Royal Agro Dairy Limited at Pernambut. On 23.10.2010 at about 09.15 a.m. the deceased left on his motor cycle to go to his office, but did not return home and his mobile phone was also switched off. PW-1 and his family members searched for the deceased but could not trace him. On 26.10.2010 at about 12.00 noon, they came to know about a dead-body near Nayakaneri Forest. PW-1 and his family members went there and found the dead-body of the deceased with head injury. They found the deceased with a banian and underwear and his shoes were found lying near the dead-body. PW-1 went to V. Kota Police Station and lodged a report Ex.P.1, basing on which the S.I. of police, V. Kota registered a case in Crime No. 129 of 2010 under Section 302 of I.P.C. and issued Ex.P.13-F.I.R.

3. On 26.10.2010, PW-12 - C.I. of police proceeded to the scene and held inquest over the dead body of the deceased in the presence of PW-3 and another. Ex.P.2 is the inquest report. PW-12 also prepared Ex.P.14, the rough sketch of the scene and seized M.O.9 - blood stained earth and M.O.10-controlled earth and M.Os.2 to 4 viz. Banian, Drawer and Leather shoes (2 in number). He also got photographed the dead body of the deceased. Ex.P.15 is the photos of the deceased. On 26.10.2010, PW-10 Dr. V. Ravisankar Babu, conducted autopsy over the dead body of the deceased and opined that the cause of death was due to head injury. Ex.P.9 is the Postmortem report. On 27.10.2010, PW-12 gave a requisition to S.D.P.C. Gudiyatham of Vellur District regarding identification of I.M.E.I. of mobile phone of the deceased.

4. On 16.02.2011 the accused approached PW-4 and is said to have made a confession about the commission of the offence. Ex.P.3 is the statement of accused recorded by PW-4 in Tamil language. He confessed that in July 2010 he murdered Shahil Ahmed and committed theft of cash of Rs. 4,000/- Motor Cycle, Cell phone of the deceased. It is said that he developed friendship with the deceased due to the habit of homosexuality. On 23.10.2010, he came to Bathampalle; asked the deceased to drive the vehicle and he sat as a pillion rider. After reaching Andhra Pradesh Border and while proceeding to some distance in forest area, the deceased stopped the vehicle and removed his shoes, pant, shirt, caught hold of the accused and kissed him, then the accused took a big black stone and hit on the head of the deceased two or three times. The deceased died on the spot. Then the accused took the gold ring, motor cycle, clothes and cell phone of the deceased and proceeded towards V. Kota. On the way near Check Dam, he threw the clothes of the deceased in a pit and reached V. Kota and sold the ring for Rs. 5,700/-. Thereafter, to avoid suspicion, he went to Bethamangalam, left the vehicle in front of the house