Arup Kumar Goswami, J.

1. Heard Mr. Vanlalnghaka, learned Amicus Curiae appearing for the appellant/accused as well as Mr. A.K. Rokhum, learned Public Prosecutor appearing for the State of Mizoram. This appeal from Jail is directed against the judgment and order dated 14.12.2011 passed by the learned Additional Sessions Judge-I, Aizawl in Crl. Trial No.1229/2005 whereby the accused/appellant was convicted under Section 302 IPC and sentenced to suffer Rigorous Imprisonment (R.I.) for life with a fine of Rs. 2000/-, in default, R.I. for 2 (two) months. By the said judgment, the accused/appellant was also convicted under Section 380 IPC and sentenced to suffer R.I. for 3 (three) years with a fine of Rs. 1000/-, in default, R.I. for one month. The sentences are to run concurrently.

2. An ejahar was lodged on 04.08.2005 by one F. Lalhriata, who is P.W. 1, before the Officer-in-Charge, Serchhip Police Station stating that his mother Smt. Zopuii, who was not keeping good health and was alone at home, was found lying dead on the bed by her grandson Lalchhanhima, who is P.W. 5, on 03.08.2005 when he returned home from work at around 5.30 p.m. It was found that her neck was broken and, therefore, it was suspected that it was a case of murder. It was further stated in the ejahar that the deceased used to keep a wallet tied to her waist and a sum of Rs. 3,000/- to Rs. 5,000/-, which was believed to be in the wallet, was also found missing. Accordingly, Serchhip P.S. Case No. 81/2005 under Sections 302/380 IPC was registered. Police started investigation and inquest was also done on 04.08.2005. Postmortem examination was conducted. The accused/appellant was arrested on 3.9.2005. On conclusion of investigation, charge sheet was submitted under Sections 302/376/380 IPC against the accused/appellant. Charge under Section 380/376(i)/302 IPC was framed and the same having been read over, the appellant pleaded not guilty and claimed to be tried.

3. During trial, prosecution examined 11 witnesses while the defence adduced no evidence.

4. P.W. 1, who is son of the deceased and is working as a Constable in 2nd IR Battalion, was not present when the occurrence had taken place and he came from his place of posting on being informed about the news of his mother's death. He was informed that his mother had died due to heart failure. On his reaching home, he was told by one Vanlalchhunga, who is P.W. 2, that his mother's death could not be as a result of heart failure, because her neck bone was broken and there was also bleeding with blood clot in her nose. He also found the wallet with the money missing and, being suspicious, lodged the ejahar. It is stated by him that Lalchhanhima, who is P.W. 5, was the first person who had discovered the dead body of his mother.

5. P.W. 2 was, at the relevant time, the President of YMA, which is a social organisation and he was a witness to the inquest report exhibited as Exhibit P-II He had stated that when the police examined her dead body, her nose was bleeding a bit and he presumed that bone of her neck was broken since her head could be moved around easily. According to him, there were four very clear fingerprints seen on her neck and it seemed to him that she was strangulated by the right hand. In cross examination, he indicated that he had noticed Sub-Inspector J. Rokima (P.W. 8) examining the private parts of the deceased and he could learn that there was no sign of violence.

6. P.W. 3 is the witness to seizure, Exhibit P-III, in respect of a bunch of keys (Exhibit M-I). It was stated by him that he was called by Police to the house of the accused and was told that the bunch of keys belonged to the deceased. He was also told that the keys were recovered from a pit latrine outside the house of the accused. However, he stated that he did not personally know wherefrom the keys were recovered.

7. P.W. 4 is the daughter of the deceased and mother of P.W. 5. It is stated by her that she had stayed up along with