Shaffique, J.

1. Appellant is the accused in SC No.199/2010 of the Additional District and Sessions Court, Fast Track No.1, Thrissur. He is convicted and sentenced to undergo imprisonment for life with fine of Rs. 10,000/- for offence u/s 302 IPC and RI for 7 years along with fine of Rs. 5,000/- for offence u/s 326 IPC. If default is committed in payment of fine of Rs. 10,000/-, he has to undergo simple imprisonment for one year and in default of payment of Rs. 5,000/-, he has to undergo simple imprisonment for six months.

2. The victim in the case is a lady by name Ammini. She was 60 years old. According to the prosecution, while Ammini was sleeping on the road side, the accused hit her on her head twice with a concrete slab. The incident occurred on 3/11/2008. She was taken to the hospital. She remained unconscious and died at 9 p.m on 12/11/2008.

3. To prove the above case, prosecution examined PW1 to PW11 and marked Exts.P1 to P12 and produced MO1 to MO3.

4. Since the appellant was not represented by a counsel, Adv. S.Sachithananda Pai was engaged as a counsel to argue the matter.

5. It is argued by the learned counsel for appellant that the evidence of PW1 and PW5 who are