Honble LAHOTI, J.–This appeal by special leave preferred by the sole accused-appellant lays challenge to his conviction under Sections 302 and 397 IPC by Additional Sessions Judge, Ongole, maintained in appeal by the High Court. The sentence passed on the appellant is imprisonment for life with a fine of Rs.500/-, in default to suffer simple imprisonment for one year, for offence under Section 302 IPC and rigorous imprisonment for seven years for offence under Section 397 IPC.

(2). The prosecution case found proved by the trial Court. and the High Court is that the deceased Venkayamma @ Rathamma, age about 70 years, resident of village Edugundiapadu (P.S. Maddipadu) was collecting the branches of trees at about 10 a.m. on 8.7.1994 in the garden known as `Subabul Garden belonging to PW- 4. The accused who was employed as watchman by the owner of the garden came to the garden and found the deceased alone. She was wearing bangles which assuming to be of gold were asked for by the accused which the deceased refused to give saying that the same were of brass. Then the accused demanded the pair of ear studs which the deceased was wearing. She refused to part with the ear studs. The accuse

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