Koshy, J.

Sole accused in Sessions Case No.111 of 2001 on the file of the Additional Sessions Court (Ad hoc-I), Kalpetta was alleged to have committed house trespass and murdered a 33 year old woman and her two children - 9 year old son and 7 year old daughter. He is also accused of inflicting grievous injuries on another child aged 9 who was examined as PW14. The Sessions Court found him guilty and imposed death penalty for the offence punishable under section 302 of the Indian Penal Code subject to confirmation by this court. He was further sentenced to undergo rigorous imprisonment for 10 years, one year, 10 years, 7 years, 5 years and 3 years respectively for offences punishable under sections 449, 342, 307, 397, 506 (ii) and 201 of the Indian Penal Code. The death sentence reference is numbered as D.S.R.No.2 of 2006. Appeal filed by the accused is numbered as Crl. Appeal No.2314 of 2006.

2. The allegation of the prosecution, as summarised by the trial judge, is as follows:

"The accused committed house trespass into the house of CW3 bearing house number IV/414 of Mananthavady Panchayat situated at Kuzhinilam Puthenpura, about 5 k.ms. west from Mananthavady town on the western side of Mananthavady-Thalassery public road on 9.7.1999 in between 8.30 p.m. and 10.00 p.m. with intention to commit robbery and with preparation to commit murder when CW3 was not available in his house. Thereafter, the accused wrongfully confined the inmates therein bolting the front door from inside the house and threatened wife of CW3, Rosamma with death showing chopper demanding money and when she opposed the same the accused hit her with chopper with intention to kill her. When her children Jobin, aged nine years and Josna @ Thanku, aged seven years came near to her seeing this, the accused gave blows to the children also with chopper. He again hit several times Rosamma and the above two children with chopper causing fatal injuries and all of them succumbed to the injuries on the spot. In that incident, the accused caused grievous hurt to Robin, twin brother of the above said Jobin cutting with chopper with intention to murder him. Thereafter, the accused committed theft of three gold bangles and one gold chain worn by Rosamma and another gold chain kept in the wall almirah weighing total six and quarter sovereigns. It is also alleged that the accused threw away blood-stained bath towel into the bush on the side of the road, blood-stained chopper and socks into the nearby property and blood-stained pants and shirt into the drainage at Mananthavady town thereby the accused caused disappearance of evidence of the commission of the offence. Thus, the accused is alleged to have committed the above said offences."

Even though the incident occurred in the night of 9.7.1999, the accused was arrested only on 9.1.2001. After framing of the charge sheet, the case was posted for trial from 21.12.2004. Counsel for the defence applied for time. That was not allowed and an advocate was appointed as State Brief and PWs 1 to 40 were examined and Exts.P1 to 46 were marked. The accused approached this court by filing Crl. R.P. No.2431 of 2004 and that was allowed and the accused was allowed to engage an advocate of his own choice and the persons who were already examined were recalled and an opportunity was given for further examination of those witnesses. Accused denied the allegations against him and all incriminating evidence adduced by the prosecution in 313 statement and he also examined two defence witnesses. He also marked Exts.D1 to 7. Before going into the merits of the case, we may consider the medical evidence.

3. Postmortem examination of the deceased Rosamma was conducted by PW25 doctor. He noticed the following ante-mortem injuries in Ext.P15 certificate:

"1. Incised wound oblique 9 x 3 x 6 c.m. on back of left half of chest, upper inner end in mid line 19 c.m. below root of neck, lower left end 25 c.m. below root of neck and 7 c.m. left of mid