(S.NAGAMUTHU, J.)

The appellant is the sole accused in S.C.No.74 of 2011 on the file of the learned Additional Sessions Judge, Fast Track Court-1, Poonamallee. He stood charged for offences under Sections 364, 376, 302 and 201 IPC. By judgment dated 08.08.2011, the trial Court had convicted him for the offences under Sections 364 and 302 IPC alone and acquitted him from the charges under Sections 376 and 201 IPC. For the offence under Section 364 IPC, the trial Court sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one year and for the offence under Section 302 IPC, sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,000/-, in default to undergo simple imprisonment for one year. Challenging the said conviction and sentence, the accused/ appellant is before this Court with this appeal.

2. The case of the prosecution, in brief, is as follows:

[a] The deceased in this case was a young female child aged 6 years, by name Gowri. P.W.2 is the mother of the child. P.W.1 is the sister's husband of P.W.2. P.W.1 was a maistry and he was also a mason. The accused was working under him. In the month of February 2010, P.W.1 had allotted duty to the accused as a watchman, in a building under construction opposite to the College at Madhanangkuppam Village. On a Sunday, in the same month, there was a quarrel in the said premises among the accused, his uncle and other relatives. The village head of the said village informed P.W.1 about the same. In that quarrel, there were also exchange of blows between them, in which one person sustained even head injury. On reaching the said spot, P.W.1 gave the arrears of salary to the accused and removed him from service. Thereafter, he gave employment to the husband of P.W.2, who is none other than his co-brother. Mr.Ethiraj-the husband of P.W.2 was also working in the said place. The accused was enraged over the above incident. He developed grudge against Mr.Ethiraj, the father of the deceased, that it was because of him, he had lost his job. This is stated to be the motive for the occurrence.

[b] On 19.06.2010, P.W.2, her husband Mr.Ethiraj and the deceased Gowri were sleeping in their house. At about 9.00 p.m. on the same day, when P.W.2 got up, she found the child missing from the place where she was sleeping. Immediately, P.W.2 informed her husband as well as P.W.1 about the same. They went in search of the child in the nearby place, but, they could not find her anywhere. On the next day also they went in search of the child. Finally, P.W.1 gave a complaint to the Inspector of Police, Korattur Police Station on 20.06.2010 at 8.30 p.m. P.W.13, the then Inspector of Police on receipt of the said complaint under Ex.P1, registered a case in Cr.No.344 of 2010 for "girl missing." He forwarded the FIR [Ex.P19] and the Complaint [Ex.P1] to the Court, which were received by the learned Magistrate on 23.06.2010 at 10.10 a.m.

[c] Taking up the case for investigation, P.W.13 went to the place of occurrence, examined P.Ws.1 to 3 and a few more witnesses, and recorded their statements. But, there was no clue about the whereabouts of the child. On 26.06.2010, he received information that there was a dead body of a child near Korattur lake. Immediately, he proceeded to the place of occurrence and informed P.Ws.1 to 3 also about the same. He found the dead body at the said place. He prepared an Observation Mahazar and a Rough Sketch in the presence of P.W.11 and another witness. P.Ws.1 to 3 and others identified the dead body as that of the deceased Gowri. There were no dress materials found on the dead body. Then, he conducted inquest on the body of the deceased and forwarded the same to the hospital for post-mortem.

[d] The dead body was beyond recognition. The body was highly decomposed and partially skeletonised. Both the hands were not found due to the post-mortem dis-articulation. The right lower l