MUKTA GUPTA, J.

1. Phool Chand has been convicted for murdering Dr. Shanti Raj, removing gold bangles and two gold rings from her body, committing theft of the household goods from the house of the deceased vide impugned judgment dated August 30, 2000 and directed to undergo imprisonment for life for offence punishable under Section 302 IPC and to undergo rigorous imprisonment for two years for offence punishable under Section 404 IPC vide order on sentence dated September 08, 2000.

2. According to the prosecution it proved fourteen circumstances to convict the appellant of which except circumstance Nos.4 and 8, the learned Trial Judge held that the same had been proved. However, to fill in the gap in respect of circumstance Nos.4 and 8, the learned Trial Court pressed in explanations under Section 313 Cr.P.C which were found to be false and thus convicted the appellant. The circumstances pressed in by the prosecution are:

“(1) That deceased Shanti Raj was an old lady, aged about 76 yrs.and was putting up alone at the ground floor at the house No.R-901, New Rajender Nagar,