JUDGMENT :

R. PONGIAPPAN, J.

1. The present appeal has been filed challenging the conviction and sentence passed against the appellant in S.C. No. 93 of 2014 dated 22.06.2015, on the file of the learned Sessions Judge, Mahila Court, Cuddalore. In the trial Court, the appellant/accused stood charged for the offence under Sections 376(1), 302 and 379 IPC. He denied the same and opted for trial.

2. After full pledged trial, the learned Sessions Judge, Mahila Court, Cuddalore, found the accused guilty of the offence under sections 376(1), 302 and 379 IPC and sentenced as follows:

Challenging the said conviction and sentence, the accused is before this Court, by filing the present Criminal Appeal.

3. The relevant facts of the case, which gave rise to filing of this appeal are necessary to be recapitulated for the disposal of this appeal:

(i) PW-1 Thennarasu, is the son of deceased-Andal. PW-4 Elangovan, PW-5 Loganayagi, PW-7 Chinnaponnu and PW-10 Kumari are all residing in the same village in which PW-1 was residing. Regularly, on every day, after finishing her lunch, the deceased Andal went to her agricultural lands from her house. On the fateful day, on 26.06.2013, after attending the regular agricultural work, in her field, she did not return to her home as usual. Hence, with the aid of torch light, PW-1, PW-2 Parthiban and one Kalaiyarasan, searched the deceased in her agricultural field.

(ii) While such time, PW-2 Parthiban found the dead-body of Andal and her clothes were in disarray. Thereafter, on hearing the hue and cry of the said Parthiban, PW-1 rushed to the spot wherein the dead-body of his mother-Andal was found and on seeing the dead-body, he noticed that the deceased Andal had sustained injuries on her cheek and near to the ear. Also, he found that the gold Kammal [½ souverign], gold Nose ring [¼ souverign] and gold Thaali [½ souverign], which were worn by the deceased, were missing. In the said occasion, after seeing the dead-body of his mother, he fell unconscious.

(iii) On the other hand, one Ramakrishna and few others, shifted the dead-body of Andal to one Cot and brought the same to PW-1's house. In turn, on the next day morning at 4.00 a.m. after informing the incident to one Ramalingam, who is his uncle, PW-1, went to the Panruti Police Station and lodged a complaint under Ex.P1.

(iv) On receipt of the complaint, PW-11 Viruppalingam, the then Special Sub Inspector of Police, Panruti, on 27.06.2013 at about 5.30 a.m. registered a case in Cr. No. 560 of 2013 under Sections 302 and 397 of IPC. The printed FIR is marked as Ex.P10. After the registration of the case, PW-11 handed over the copy of the FIR to the Inspector of Police, Panruti for investigation.

(v) PW-12 Sivasubbu, the then Inspector of Police, Panruti, on receipt of the said FIR, took up the same for investigation. He visited the scene of occurrence and in the presence of PW-9 Shankar, the Village Administrative Officer and PW-3 Kandan, prepared the observation Mahazar under Ex.P2. In the presence of same witnesses, he recovered the rose colour peticoat (M.O.4) under the cover of Mahazar [Ex.P3]. He drew the rough sketch and the same was marked as Ex.P11. After preparing those documents, he went to the residence of PW-1 and after seeing the dead-body of the deceased Andal, he prepared one another observation mahazar under Ex.P12, in the presence of the same witness. He again drew one another rough sketch under Ex.P13.

(vi) In continuation of the investigati