Ramakrishnan, J. Criminal Appeal No.1171/12 is filed by the accused in SC No.360/2010 on the file of the Principal Sessions Judge, Ernakulam, through jail authorities, while D.S.R.No.4/2010 is a reference made by the Sessions Judge, for confirmation of the death sentence awarded for the accused in that case under Section 366 (1) of the Code of Criminal Procedure Code. Since both the appeal and death reference are in respect of the very same judgment, the same are being heard together and disposed of by this common judgment.

2. The accused in this case was charge sheeted by the Circle Inspector of Police, Kuruppampady Police Station, under Sections 302 and 307 of the Indian Penal Code in Crime No.1039/2009 of Kuruppampady Police Station. The case of the prosecution, in a nutshell, was that on 1.11.2009 at about 6.30 pm, at the courtyard of the house of the accused, the accused, with an intention to commit murder of PW 1, his mother-in-law, inflicted injuries on her neck with a chopper and also inflicted injuries on PW2, his father-in-law, with the same intention. When the wife of the accused, deceased Usha tried to intervene, he inflicted cut injuries on her head indiscriminately with the chopper, with an intention to cause her death and thereby committed the offences punishable under Sections 302 and 307 of the Indian Penal Code. After investigation, the Investigating Officer submitted final report against the accused for the above said offence before the Judicial First Class Magistrate, Perumbavoor, who, in turn, committed the case to the Court of Sessions, Ernakulam, under Section 209 of the Code of Criminal Procedure (In short, Cr.P.C.), as per order in CP No.7/2010. After committal, the Sessions Judge took cognizance of the case as SC No.360/2010 under Sections 302 and 307 of the Indian Penal Code.

3. Since the accused was in custody, legal aid was provided to him in the lower court and on his production before the Court, after hearing the Public prosecutor and the legal aid counsel, the learned Sessions Judge framed charges under Sections 302 and 307 of the Indian Penal Code against the accused and the same was read over and explained to him, to which he pleaded not guilty. In order to prove the case of the prosecution, PWs1 to 16 were examined, Exts.P1 to P16 were marked and MOs 1 to 10 were identified and marked. After closure of the prosecution evidence, the learned Sessions Judge questioned the accused under Section 313 Cr.PC and he denied the incriminating circumstances brought out in evidence against him. He further stated that he married Usha, the deceased, who is the only daughter of PW s 1 and 2. On 1.11.2009 at about 6.30 pm, his father-in-law and mother-in-law came to his house. At that time, he was sitting in a chair and watching television. His wife, Usha was sitting on the floor and cutting mutton. Their six months' old child was sleeping on the cot in the next room. When PW s 1 and 2, his parents-in-law came there, he got up and he asked him as to why they were late in coming there. They told him that they decided to sell the house and the property at Nellikuzhy to one Moideen for an amount of Rs.3 lakhs and on the next day, he would give Rs.1 lakh as advance and an agreement of sale had to be executed. For that purpose Usha was also asked to go along with them with the child and asked Usha to come after changing the dress. The accused told them that they could go on the next day as there was no bus at that time. But, PW 2 told that they could go by an auto rickshaw. They told him that they would take Usha and the child on the same day, which, the accused prevented. At that time, his mother-in-law pulled his dhoti. When the accused insisted that he would not send Usha and the child on that day, his father-in-law caught hold of the collar of his shirt, whereupon the accused pushed him. His father-in-law hit on the wall and fell down. Due to the fall, the wooden plank and the knife kept for cutting