Portion of statement made regarding discovery of material objects may be relied on.

M. KARPAGAVINAYAGAM, J.

The misfortune to be noticed in this case is that the name of the deceased, an old lady, aged about 70 years, who met with an unfortunate death in a gruesome murder for gain is Fortune Amalore.

2. The accused Natarajan, the appellant herein was convicted for the offences under Sections 449, 302, 404 and 201 I.P.C. on the charge that on 30.9.1996 at about 8.30 P.M., he trespassed into the house of Fortune Amalore alias Soundariammal, residing alone at Pondicherry and committed her murder by hitting with rice pounder and compressing her throat with his legs and threw the dead body into the well at the backyard and fled away with her jewels. Challenging the same, he has filed this appeal.

3. The facts leading to conviction in brief are as follows:

"(a) The deceased Fortune Amalore alias Soundariammal was aged about 70 years. She has got three sons, who are residing in France. She was living alone in her house at No.32, Ignacy Maistry Street, Pondicherry. The upstairs of her house was rented out to one Lawrence, the husband of P.W.2 Lucia.

(b) On 1.10.1996, P.W.5 Srinivasan, the milk vendor came to her house in the early morning and kept milk in her kitchen through the back door as usual. Again on 2.10.1996, P.W.5 came in order to supply milk. He found that the milk kept by him on 1.10.1996 was not used. When he enquired the tenant in the upstairs, he told that she would have gone outside. On 3.10.1996, the milk vendor (P.W.5) again came to the house and went to the backyard to keep the milk. He found that the milk, which was already kept got spoiled. This time, the tenant Lawrence, the husband of P.W.2 Lucia and the milk vendor (P.W.5) entered into the house of the landlady in search of her. They could not find her inside the house.

(c) P.W.1 Kannadasan is residing in the same street. P.W.1 often used to come to the house of the landlady for doing all her sundry works. In order to know about her whereabouts, P.W.2's husband and P.W.5 enquired P.W.1. P.W.1 then searched the landlady in the nearby locality and in her friends' houses and informed the tenant that he could not find the landlady anywhere.

(d) P.W.1 and P.W.2 went back to the house and smelt a foul smell emanating from the well which was covered with an iron sheet. On lifting the iron sheet, P.W.1 to his shock found that the body of Fortune Amalore was floating in the well upside down. It was about 12.00 Noon on 3.10.1996. After informing this to her family friends, he rushed to the police station.

(e) At about 1.30 P.M., P.W.1 gave a complaint Ex.P1 to P.W.19 Sub Inspector of Police. On receipt of the complaint, he registered the case under Section 302 I.P.C. Ex.P41 is the F.I.R.

(f) As soon as the message was received, P.W.21, the Inspector of Police came to the police station and took up investigation. He went to the spot along with the Police Photographer and Finger Print Expert. He prepared observation mahazar Ex.P4 and rough sketch Ex.P48. He recovered M.O.16 ever-silver bowl, M.O.17 water bottle. He further recovered M.O.18 carton box suspected to contain the finger prints of the culprit and handed over the same to P.W.20 Finger Print Expert. He also recovered M.Os.19 to 24 from the scene. Then, the body was taken out from the well. P.W.21 held inquest from 3.00 P.M. to 8.00 P.M. The inquest report is Ex.P3. Then, he recovered M.Os.25 to 33, clothes, cement slab stone, etc. from the scene. He examined the witnesses. In the meantime, the body was sent for post-mortem to the General Hospital, Pondicherry.

(g) P.W.16 Doctor, on receipt of requisition from P.W.21, the Inspector of Police, conducted post-mortem on 6.10.1996 at 10.30 A.M. He found five injuries on the body. He also noticed on internal examination that there was a skull fracture from right temporal to left temporal region and dark brown contusion over lower part of left side of neck. The post-mortem certificate is Ex.P22. After getting the Chemical Examiner's report, he gave f