S. Nagamuthu, J.

The appellant is the sole accused in S.C. No.187 of 2011 on the file of the learned I Additional District and Sessions Judge, Tirupur. He stood charged for offences punishable under Sections 449, 302 and 392 I.P.C. By judgment dated 28.09.2012, the trial Court convicted him under all the three charges and sentenced him to undergo rigorous imprisonment for ten years and pay a fine of Rs.2,000/- in default to undergo simple imprisonment for six months for the offence under Section 449 I.P.C., to undergo imprisonment for life and pay a fine of Rs.2,000/- in default to undergo simple imprisonment for six months for offence under Section 302 I.P.C. and to undergo rigorous imprisonment for ten years and pay a fine of Rs.2,000/- in default to under simple imprisonment for six months for offence under Section 392 I.P.C. Challenging the said conviction and sentence, the appellant is before this Court with this appeal.

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

2.1. The deceased in this case was one Mrs. Annalakshmi. She was residing at No.46, Angalaparameswari Nagar, Kangayam Road at Periyar Colony. P.W.1 is her husband and he was also residing with the deceased. P.W.1 was doing business at a different place. Every day he used to leave the house between 08.00 a.m. to 08.15. a.m. and return home between 12.45 p.m. to 01.00 p.m. for lunch. Again he would go back to the company and return home in the night around 09.30 p.m.

2.2. In the usual course, on 24.11.2008, P.W.1 left the house for his company around 08.15 a.m. At that time, he had given a sum of Rs.1100/- to the deceased for her expenditure. The deceased, at that time was wearing a gold chain, a pair of gold ear studs, a pair of gold mattal and one gold ring (M.O.7-10) and a pair of silver anklets. Thus, the deceased alone was at the house. On the same day, around 09.15 p.m. to 09.30 p.m. he returned home. He found the house locked from outside. He had a spare key with which he opened the house. Inside the house, to his shock, he found the deceased lying dead on the bed. The jewels viz., M.Os.7 to 10 were found missing. He suspected that the deceased had been done to death by someone. Therefore, he went to the police station and made a complaint. A case was registered on the same in Crime No.1142/2008 by P.W.15 under Sections 302 and 380 I.P.C. Ex.P1 is the complaint and Ex.P13 is the F.I.R.

2.3. P.W.17 took up the case for investigation. He went to the place of occurrence, prepared an observation mahazar and a rough sketch on the same day in the presence of witnesses. On his request, fingerprint experts came to the scene of occurrence but no chance fingerprint could be lifted from the place of occurrence. P.W.17 examined many witnesses. He conducted inquest on the body of the deceased and forwarded the same for postmortem.

2.4. P.W.12 Dr. Muthuvel conducted autopsy on the body of the deceased at 12.05 p.m. on 25.11.2008. He found the following injuries:

"Injuries: (1) Both ear lobe tourned and cut bleeding from ear lobe present (2) Abrassion over (4) (n.c.) 1x1 cm present (3) Abrassion 0.5x0.5 cm over left jaw(+)?. (4) Abrassion 0.5x0.5 cm 4 no. over right side of nose. Ligature mark: ligature marks 34 cm length, 1 cm with encircle to neck completely on back side 3 cm below hair line, on front 7 cm below chin and 6 cm below left ear 7 cm below right ear, 7 cm below right (n.c.). 6 cm below left (n.c) above to level of throid cartilah C/S. Pale area seen under ligature mark with few earlynothis. Abrasion (1) 1x0.5 cm (nail mark) with concavity towards upwards seen below ligature mark at left side-totaly 3 abrasion. (2) Four abrasion 0.5x0.5 cm (nail mark) with concavity towards upward seen below ligature mark at center of neck. (3) Abrasion (nail mark) 2x0.5 cm in concavity (n.c) seen above ligature mark at left side of neck. External (n.c): no injury no secretions seen.

Internal features: Thorax rib cage intact. Heart 300 gms contains 20 ml of liqui