(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 an