( 1 ) APPELLANT has filed this appeal from Jail against his conviction and sentence of Life Imprisonment under Section 302 of the Indian Penal Code and conviction under Section 404 of the Indian Penal Code, sentence 3 years R. I. , recorded in Sessions Trial No. 21/89 vide judgment dated 29th July, 1989, by the Additional Sessions Judge, Khairagarh (district Rajanandgaon ).

( 2 ) THE prosecution case in brief is thus. The deceased Lagnibai alias Buchwainbai, aged about 80 years, mother of Maniram (P. W. 5) by caste Dhobi after taking her meals, on 12-11-1988 at about 10. 00 a. m. left to wash the clothes at the house of Santuram (P. W. 1) in village Dungaria. She was wearing gold and silver ornaments. When she did not return home, Maniram P. W. 5 lodged the report on 16-11-1988 to that effect, which was recorded in Rojnamcha Sanha (Ex. P. 8) at police out post Salhewada at serial No. 253. After the report, G. D. Dharmagude (P. W. 17) Assistant Sub-Inspector of Police left for search on 17-11-1988 and to investigate the matter. He also directed constables to go and enquire. When the Police Party reached near the dam of Nainiya village, Maniram (P. W. 5) again met the