JUDGMENT

Hitesh Kumar Sarma, J. - The criminal appeal (Jail) has been filed under Section 374(2) of the Cr.PC, against the judgment and order, dated 27-09-2018 and 01-10-2018 respectively, passed by the learned Sessions Judge, Karbi Anglong, Diphu, in Sessions Case No. 15 of 2016, convicting the accused-appellant, Sri Naliram Kro and sentencing him to death by hanging and to pay a fine of Rs. 6,000/-. The death reference is made by the learned Sessions Court for confirmation of the sentence by this Court.

2. As the Criminal Appeal and the Death Reference have arisen out of the same judgment, we have heard them together and disposed of by this common judgment and order.

3. We have the heard learned Amicus-curiae, Ms. B Sarma for the appellant. Also heard Mr. M. Phukan, learned Additional Public Prosecutor for the state respondent and learned counsel, Mr. P.C. Dey, appearing for the respondent No.2/informant. We have also perused the trial Court records and the judgment appealed against.

4. The prosecution case, in a narrow compass, is that at about 11.15 pm, on 19.06.2015, the elder brother of the informant (PW8) had quarrelled with his wife, Smti. Moina Hansepi and killed her by hacking with a dao. He also killed his six years'' old son, Ananda Kro and four years'' old daughter, Smti Manjumi Kropi. The occurrence took place in one of the rooms of the house of the accused-appellant. The other two sons of the accused-appellant, namely, Kiran Kro and Longbeha Kro, who were in the next room of the house, had fled away on being instructed by their mother (deceased Moina) to save their lives.

5. On the basis of above facts, PW8, Rongbon Kro, lodged the FIR (Ext.5) with Dokmoka Police Station which entered the same in the General Diary vide GD Entry No. 334, dated 20-06-2015 and registered a case, being No. 55/2015, under Section 302 of the IPC. PW9, Sri Kalpajit Sarmah took up the investigation of the case, arrested the accused-appellant, prepared the sketch map of the place of occurrence, seized the weapon of offence (M. Ext.1) vide Ext4, got the post mortem examination of the dead bodies of the deceased persons conducted, collected evidence, and on completion of investigation, laid the charge-sheet against the accused-appellant, under section 302 of the IPC.

6. After exhausting all required legal formalities, the case came up before learned Sessions Judge, Karbi Anglong, Diphu, for trial. The learned trial Court framed a formal charge against the accused-appellant under Section 302 of the IPC to which he pleaded innocence. Therefore, the trial commenced.

7. On conclusion of the trial, the accused-appellant was convicted for offence punishable under Section 302 of the IPC and sentenced him as indicated above.

8. The prosecution examined as many as 9 witnesses to bring home the charge against the accused-appellant whereas the defence examined none. In his statement under Section 313 of the Cr.P.C., the accused-appellant admitted the incriminating evidence brought against him by the prosecution. He also admitted that he had committed the crime.

9. To ascertain as to whether the deaths involved in this case, are homicidal or not, let us, first, scrutinize the evidence of the autopsy doctor, examined as PW3.

10. Pw3, Dr. Sarsing Rongpi, performed the post mortem examination on the dead bodies of deceased, Moina Hansep, Anada Kro and Monjumi Kropi, on 20-06-2015, at Diphu Civil Hospital and recorded his findings vide Exts. 1, 2 and 3, as follows:

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(Ext. 1),

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"PM done on a female dead body namely Smt. Moina Hansep Body was found fresh. Rigor mortis was present. On external examination found cut injury on the right palm and fingers. Cut injury on check, size was about 3 inches in length x half inches in breadth. Cut injuries on the left side of the neck. Size was about 3 inches x 2 inches.

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In my opinion the cause of death was haemorrhage shock following multiple cut injuries.

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(Ext. 2),

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"PM done on a male d