1. This appeal by the accused and the reference for confirmation arise out of the order of the Sessions Judge, Tellicherry sentencing the appellant to death for murdering Vasu a thirteen year old boy.

2. The case against him is that on the night of 12-6-1961 he entered the house of Pw.1 Narayani and stabbed to death her thirteen year old son Vasu who was sleeping in the house. It may be noted in passing that the terse charge framed against the accused by the learned Sessions Judge merely states "that you on or about the 12th day of June 1961 at Koodali amsom, Tellicherry Taluk, did commit murder on Bittan Vasu" omitting such necessary details as the time and the place.

3. The boy Vasu and the twenty-three year old accused were weavers in the Solar Weaving Factory and are said to have been very intimate friends, Vasu lived with his widowed mother Pw.1 and an unmarried sister Janaki in Koodali amsom. The accused Raghavan used to visit Vasu in his house even at nights which gave rise to scandals. Pw. 2 the uncle of Vasu took offence at this and remonstrated with the accused. Thereupon he stopped his visits. Janaki was married on 7-6-1961. On the previous day there was a feas