K.T. Sankaran, J.

1. The accused in Sessions Case No.27 of 2008, on the file of the III Additional Sessions Judge, Ernakulam, challenges his conviction and sentence in Crl.Appeal No.453 of 2012. The accused/appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/-, and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 449 of the Indian Penal Code, to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 392 read with Section 397 of the Indian Penal Code ; to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default, to undergo rigorous imprisonment for one year for the offence punishable under Section 394 of the Indian Penal Code ; to undergo rigorous imprisonment for seven years and to pay a fine of L 25,000/- and in default to undergo rigorous imprisonment for one year for the offence punishable under Section 307 of the Indian Penal Code. The appellant was sentenced to death for the offence punishable under Section 302 of the Indian Penal Code. It was also held that the substantive term of the imprisonment shall run concurrently. The case records were forwarded to the High Court as provided under Section 366 (1) of the Code of Criminal Procedure for confirmation of the death of sentence. Accordingly, D.S.R.No.1 of 2012 was registered.

2. Since common questions are involved in D.S.R.No.1 of 2012 and Crl.Appeal No.453 of 2012, they are being disposed of together by this judgment.

3. Hereinafter, the accused, Jayanandan @ Jayan is referred to as the accused.

4. The prosecution case against the accused is the following :

The accused, with an intent to commit robbery and murder, on 2.10.2006, at about one hour after midnight, committed house trespass by entering into the house belonging to PW2 and the deceased with dangerous weapons such as iron bar and chopper, voluntarily caused grievous hurt on the head of PW2 Ramakrishnan, who was sleeping, attempted to murder him and caused the death of Baby @ Devaky, W/o.Ramakrishnan, who was sleeping in the house, cut and removed her left palm at the wrist and committed robbery of gold ornaments weighing 96.9 gms. and cash of L 1,300/- kept in an earthen hundial.

5. Deceased Baby @ Devaky and her husband Ramakrishnan were residing in their house at Puthenvelikkara Panchayat. The brother-in-law of the deceased (sister's husband- PW1 Sreedharan) resides nearby. Ramakrishnan used to regularly visit Sreedharan after the darshan at Bhagavathi temple at Puthenvelikkara. The birthday of PW2 Ramakrishnan was on 1.10.2006. On that day, Ramakrishnan came to the house of Sreedharan with payasam offered to the deity. Thereafter, since Ramakrishnan did not go to the house of Sreedharan for two days, PW1 Sreedharan went to his house situated 1½ km. away, at about 7.45 P.M. When he reached there, Viswanathan, a friend of Ramakrishnan, was also there. Viswanathan had called Ramakrishnan over phone. Since nobody took the phone, Viswanathan came to the house of Ramakrishnan enquiring his whereabouts. Sreedharan entered the sitout of the house and rang the calling bell. There was no response. The key was found on the front door in the key hole and the newspaper of the day was also found at the sitout. The light on the terrace and in the north western room of the house were found lit. Sreedharan peeped into the room and something unusual was found there. When they came to the rear side of the house, the door at the rear side was found open. A black torch was found lying near the step. As they got afraid, PW1 and Viswanathan went to the house of neighbour Reghu. He was not there. His wife Syamala (PW4) said that she did not see Baby @ Devaky for the last two days. She also came with them to the house of the deceased. She called the deceased by name. There