JUDGMENT :

A. Abhishek Reddy, J.

This Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C’), is filed by the appellant/sole accused aggrieved by the judgment, dated 01.05.2014 (inadvertently mentioned as 01.04.2014 at the top of the impugned judgment), passed in Sessions Case No.376 of 2013 by the learned Judge, Family Court-cum-VIII Additional District and Sessions Judge, Mahabubnagar, whereby, the Court below has convicted the appellant/sole accused for the offence under Sections 302 and 380 of Indian Penal Code (for short ‘IPC’) and sentenced him to undergo life imprisonment and also to pay a fine of Rs.100/-, in default to undergo simple imprisonment for one month, for the offence under Section 302 IPC and also to undergo imprisonment for three years and for the offence under Section 380 I.P.C. Both the sentences shall run concurrently.

2. We have heard the submissions of Sri Dr.K. Satyanarayana Rao, learned counsel for the appellant, the learned Public Prosecutor appearing for the respondent-State and perused the record.

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

On 24.10.2012 at 3.00 p.m. P.W.1-Mekala Goverdhan has lodged a complaint-Ex.P.1 alleging that on 24.10.2012 at 8.00 a.m. he along with his wife went to Dayapanthulapally Village for celebrating Dasara festival. When they reached the house, they found the doors of the house opened. On suspicion, he went into the kitchen and found his mother Smt. Sathyamma in supine state. On observation, he found his mother dead due to throttling and saw her gold ear studs and silver anklets missing. On receipt of above complaint, a case in crime No.114/2012 was registered by S.I. of Police, who issued Ex.P.8-F.I.R.

4. During the course of investigation, the S.I. of Police has examined and recorded the statements of PWs 1 to 3, L.W.4, P.W.6, visited the scene of offence located at Dayapathulapally Village, conducted scene of offence panchanama-Ex.P.3 in the presence of P.W.7 and L.W.10, conducted inquest panchanama Ex.P.2 over the dead body of the deceased in the presence of P.W.5 and L.W.9, and sent the dead body for post mortem examination. P.W.10-Doctor, who conducted inquest over the dead body of the deceased and issued Ex.P.7 Postmortem report opining that the cause of death of the deceased was due to Cardio Respiratory failure due to throttling. On 31.10.2012 at 8.00 a.m. he apprehended the accused at New Gunj, Nawabpet, recorded his confessional statement (Ex.P.4) in the presence of P.W.8 and L.W.13, recovered one pair of ear studs-MO.1 and silver leg anklets-MO.2 from the possession of the accused, and remanded the accused to judicial custody. After completion of all the formalities, P.W.11-C.I. of Police has filed charge sheet before the learned Judicial Magistrate of First Class, Mahabubnagar, for the offence under Sections 302 and 380 of IPC against the sole accused.

5. Learned Magistrate had taken cognizance against the sole accused for the offence under Sections 302 and 380 IPC, registered the same as P.R.C.No.21 of 2013 and committed the case to the Sessions Court under Section 209 of Cr.P.C., since the offence under Section 302 of IPC is exclusively triable by the Court of Sessions. On committal, the Court of Sessions numbered the case as S.C.No.376 of 2013 and made over the case to the trial Court for disposal, in accordance with law.

6. On appearance of the accused, the trial Court framed charges against him for the offence under Sections 302 and 380 IPC, read over and explained the same to him, for which, the accused pleaded not guilty and claimed for trial.

7. To prove the guilt of the accused, the prosecution got examined PWs.1 to 11 and got marked Exs.P1 to P8, besides MOs 1 and 2. On behalf of the accused, no oral and documentary evidence was adduced.

8. P.W.1-Mekala Goverdhan is the complainant and son of the deceased; P.W.2-Sugnamma and P.W.3-Lingamaiah are the neighbours of the deceased; P.W.4-Lavanya is th