ORDER

1. This is an appeal from jail challenging the conviction and sentence. The appellant was found guilty of the offences punishable under Sections 302, 392 and 449 of the Penal Code, 1860 by the Sessions Judge, Kollam in Kerala, for having caused the death of one Sabitha Beevi and her three children Jasmin, Jiyas and Navas. The learned Sessions Judge imposed the capital punishment and the death sentence was confirmed, however, the conviction and sentence of the appellant under Section 392 IPC was set aside, f and in its place the appellant was found guilty of offence punishable under Section 380 IPC by the High Court and his sentence was reduced to three years. We have heard learned Senior Counsel for the appellant and also learned Senior Counsel for the State.

2. The prosecution case reads as follows:

The deceased Sabitha Beevi, with her three children Jasmin, Jiyas and 9 Navas, was staying at Jiyas Manzil near Ashtamudi Mukku at Kollam. Her husband Hashim died about two years prior to the incident. The appellant Rama Subramanian had been engaged by Hashim for sundry jobs at the poultry farm. The appellant was residing in a small shed constructed on the terrace of the house and