KOSHY, J. :- Appellant was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- for offence punishable under Section 302 of the Indian Penal Code. The appellant was the first accused. He was alleged to have killed his mother and sister. Since appellant was financially not able to engage a lawyer, State appointed a lawyer before the trial Court and this Court under the legal aid scheme. As per the final report, police charged originally accused, his mother Chandrika and father of the accused under Sections 302, 306 and 323 read with Section 34 of the Indian Penal Code. After perusing the records, Court charged the appellant alone under Section 302, IPC as mother, original A2, died and it was recorded as abated. The allegation of the prosecution was that appellant Rajesh (A1), his mother Chandrika (A2), father of the appellant (A3) and deceased Raji, sister of the appellant were residing in House No. A.P. X/506 of Anad Village. Father used to abuse and assault his wife and children after consuming alcohol. On 2-6-2001, at about 6.30 p.m., father (the third accused) came to the house after consuming alcohol. On that day, at about 8.00 p.m., when the second accused Chandrika asked the third accused as to whether he wanted rice, the third accused answered in the negative. On hearing this, appellant stated that A3 could eat only if he wanted to eat. On hearing this, A3 abused the appellant and at that time, the deceased Raji told the third accused not to consume alcohol any more as the consumption of alcohol by A3 was creating problems. A3 disliked this and questioned the deceased and assaulted the deceased Raji, but, A2 intervened, A3 went to the kitchen and brought a coconut scrapper to assault A2. At that time, A1 intervened and obstructed A3 and there was a scuffle between A1 and A3 and, as a result of which, A1 sustained minor injuries on both his palms. Thereafter, A3 destroyed the household articles and told others to go and die anywhere. Due to the intolerable torture by A3, deceased Raji, along with A1 and A2, decided to commit suicide and, accordingly, they left the house at about 10.00 p.m. on that day and reached the coconut plantation of P.W. 4 at about 10.30 p.m. Thereafter, A1 and A2 tied a towel around the neck of Raji and pulled the same from both sides. When Raji collapsed, A1 tied the same towel tightly around the neck of A2. Thereafter, A1 dropped MO1 stone on the heads of Raji and dropped the said stone on the head of A2. Both Raji and A2 died due to the combined effect of constriction of neck and the injuries sustained on their head. Here, A1 to A3 were charge-sheeted for offences punishable under Sections 302, 306 and 323 read with Section 34, IPC. A2 died in the same incident even before police registered the case. A3 was charge-sheeted only for abetting the suicide, but, the charge of the prosecution was that A2 as well as the deceased Raji were murdered. Therefore, A2 was discharged under Section 227 of the Code of Criminal Procedure as there was no evidence of abetment of suicide on the part of A3 by order dated 6-10-2003. Therefore, only appellant faced trial. It is the case of the prosecution that the appellant (A1) and his mother (A2) and deceased together decided to die due to the cruelty of A3 and in that process accused killed the deceased Raji, his sister with the help of his mother (A2) and thereafter A1 killed his mother and, thereafter, he went to another pond and tried to commit suicide by jumping into the pond, but, since there was no sufficient water he did not die and he went to the police station with the thorthu (bath towel) used for strangulation and gave a confession statement and surrendered himself. Thereafter, he was brought to the place of incident. His father was also arrested. P.W. 9 police constable stated that at 11.35 p.m. on 2-6-2001 Rajesh (appellant) came to the police station and gave Ext. P8 (a) first information statement. On th