The 3rd Additional Sessions Judge (Ad hoc-I), Thodupuzha by judgment dated 6-10-2009 in Sessions Case No. 344 of 2007 found the respondent in D.S.R. No. 7 of 2009, who is the appellant in Criminal Appeal No. 2294 of 2009, guilty for offence under Sections 302, 323 and 447 I.P.C. Consequently, he was convicted and sentenced to death and a fine of Rs.500/-for offence under Section 302 I.P.C. For offence under Section 323 IPC, he was sentenced to rigorous imprisonment for one year. For offence under Section 447 I.P.C. he was sentenced to rigorous imprisonment for three months. The capital sentence was referred to this Court as mandated under Section 366 of the Code of Criminal Procedure. It is in pursuance to that reference, D.S.R. was registered. Assailing the conviction and sentence, the appeal was preferred by the convict, (hereinafter referred to as the appellant) through the Superintendent, Central Prison, Thiruvananthapuram.

2. The prosecution case in brief is that at early morning on 2-9-2006 the appellant committed murder of his mother and grandfather. Then he set ablaze the dead bodies. In that process the appellant sustained burns. With the burns the appellant went