Thangamani, J.

Against his conviction and sentence to undergo imprisonment for life under Sec. 302, I.P.C., and R.I. for seven years and a fine of Rs. 500 in default to undergo R.I. for six months under Sec.392, I.P.C., the appellant Ravanan has preferred this appeal.

2. The appellant and three others were accused 1 to 4 in S.C.No.34 of 1985 on the file of the Learned Sessions Judge of West Thanjavur. The case of the prosecution is that on the night of 30.1.1982 all the four and one absconding accused Mohanasundaram trespassed into the house of one Pattu Ammal and the Appellant Revanan and Mohanasundaram in furtherance of the common intention of all tied the hands and legs of the said Pattu Ammal who was sleeping, inserted a cloth into her mouth and caused her death by strangulation. They also committed robbery of the jewels of the said Pattu Ammal. On these allegations charges were framed against them as under:

1st charge A.2 and A.3 Under Sec.449, I.P.C.

2nd charge A.1 Under Sec.302, I.P.C.

3rd charge A.2 and A.4 Under Sec.302, read with Sec.34, I.P.C.

4th charge A.1 Under Sec.392, I.P.C.

5th charge A.2 to A.4 Under Sec.392 read with Sec.34, I.P.C.

3. The prosecution