The main legal point established is the reliance on medical evidence to determine the time of death and the proof of theft under IPC in reaching the decision.

(Judgment of the Court was made by C.T. SELVAM,J.)

The challenge in this appeal is to the judgment of learned Additional District and Sessions Judge, Fast Track Court II, Coimbatore dated 15.05.2007 passed in S.C.No.146 of 2006, convicting the appellant and another for offences under Sections 379 and 302 IPC and sentencing him to undergo three years rigorous imprisonment and fine of Rs.500/-, in default, six months simple imprisonment for offence under section 379 IPC and to life imprisonment and fine of Rs.5,000/-, in default, three years simple imprisonment for offence under Section 302 IPC. The appellant is the second accused. The appeal of the first accused in Crl.A.No.1072 of 2007 was dismissed under judgment dated 10.07.2008.

2. The case of the prosecution is as follows:

(i)On 17.06.2005, at about 12.30 p.m., at Periya Thottam, Madhanur village, the appellant/A2 along with A1, with an intent to commit robbery, has committed the murder of the deceased Eswariammal by smothering and thereafter, committed theft of 5 sovereigns gold chain and a gold stud.

(ii)The deceased is the mother of PW-1 and she was living with him. On the date of occurrence, P.W.1 along with his wife and sons, went to his father-in-law's village to attend a temple festival. When P.W.1 returned at 06.00 p.m., the deceased was not found in the house and therefore, he went in search of her. He enquired of PW-2 about his mother, who informed that the deceased had grazed cattle at a particular place and thereafter, left at noon. P.W.1 proceeded to Sirumugai Police Station on 18.06.2005 at 14.00 hours and preferred a complaint to PW-9, Sub-Inspector of Police, who registered case of 'Woman Missing' in Crime No.211 of 2005. Ex.P15 is the First Information Report. He forwarded the report to P.W.12, Inspector of Police, Mettupalayam, who took up investigation.

(iii)P.W.12, proceeded to the scene village at 15.00 hours, prepared observation mahazar, Ex.P7 and rough sketch Ex-P19 in the presence of PW-3 and another witness. Thereafter, he examined PWs.1 to 3 and five other witnesses and recorded their statements. At about 8:30p.m., on 19-06-2005, while he was at the Police Station, P.Ws.2 and 4 and others came along with the accused persons and handed over Ex-P8, statement of confession of the accused given to P.W.4. The same informed that the accused had, on 17-06-2005, murdered the deceased towards stealing her jewellery. PW.12 arrested the accused, interrogated them and before recording their confessional statements, intimated the Tahsildar, Mettupalayam, who came to the Police Station. Thereafter, the confession statements of the accused were recorded at 08.30 a.m. and signatures were obtained from witnesses. The admissible portion of the confession of A1 is Ex-P17. The admissible portion of the confession of A2 is Ex-P18. Thereunder, the accused had disclosed the place where they had thrown the body of the deceased and had undertaken to produce the jewellery stolen by them. Accordingly, P.W.12 proceeded to Madhanur Village and in the presence of P.W.5, Village Administrative Officer and another, he prepared observation mahazar, Ex-P9 and rough sketch, Ex-P20. He caused photographs in M.O.5 series. Thereafter, the body was removed from a Well and identified by witnesses. He conducted inquest over the body between 12.00 noon and 3.00 p.m. The inquest report is Ex-P21. He sent the body of the deceased to Coimbatore Government Hospital through P.W.8, constable, for conduct of postmortem. Thereafter, on the basis of confession of A2, a gold chain, was recovered under Ex-P6 from a fence along the road leading to his house. The gold chain is M.O.1. At about 16.00 hours, the first accused produced a receipt, Ex-P13, from his pant pocket. Pursuant thereto, P.W.12 proceeded to the concerned financial corporation at Mettupalayam at about 16:45 hours and seized a pair of ear studs under Ex-P5. The ear studs are M.O.2. He further examined PWs.3, 5, 7 and 11 and other