T. Sudanthiram, J.

The appellant herein is an accused in S.C.No.12 of 2003, on the file of the Principal Sessions Court, Villupuram stands convicted for offence under Section 302 and 201 IPC and sentenced to life imprisonment and to pay a fine of Rs.5000/- for each count in default to undergo one year rigorous imprisonment for the offence under Section 302 IPC (six counts) and sentenced to undergo seven years rigorous imprisonment and to pay a fine of Rs.5000/- in default to undergo one year rigorous imprisonment under Section 201 IPC and the sentence of imprisonment to run concurrently. Aggrieved by the said conviction and sentence, the appellant has preferred this appeal.

2. The charge against the accused is that on 27.07.2001 at about 10.00p.m., he caused the death of his wife/Badhuhunisha by strangulating her neck using the saree and placed the body into the pit and further brought his five daughters Nabeeza, Shakeetha, Nazirin, Zagira Banu and Yasmin one by one and tied their hands back, closing their mouth by plaster made them to sit inside the pit alive and closed the pit thereby causing their death due to suffocation. The appellant was charged for offences under Section 302 IPC (for six counts) and under Section 201 IPC.

3. In order to establish the charge, the prosecution has examined 25 witnesses, marked 73 exhibits and produced 27 material objects.

4. The evidence let in by the prosecution in brief is as follows:

P.W.1 and P.W.2 are the Village Assistants of the Pakkam Village. On 02.09.2001, both

P.W.1 and P.W.2 were in the Revenue Inspectors office Vadaponparappi. The Village Administrative Officer one Madhuranayagam was also present. At about 7.00p.m., the accused Abdul Kareem came to that office and he voluntarily gave a confession to the Village Administrative Officer Madhuranayagam. The said Madhuranayagam has not been examined since he died before the commencement of trial. The Village Administrative Officer Madhuranayagam recorded the confession voluntarily given by the accused. Ex.P.1 is the confession. As the confession by the accused was given in the presence of P.Ws.1 and 2, both of them stood as witnesses and put their signatures in Ex.P.1.

5. In Ex.P.1, it is stated that the accused got married about 21 years back and he had six daughters. Two years after the marriage, he went abroad and used to come to the house once in three years. His wife had given all the money which he earned and the jewels to her mother. About a year back he came to his house. Then he came to know that his wife was having illicit intimacy with his brother Abdul Raheem and his daughter Zareena also was having illicit intimacy with a local Colony man. His wife and brother spread the rumour that the accused was having illicit intimacy with his own daughter Zareena. As it was questioned by the accused, his wife had gone to her mothers place with her daughters. After Panchayat was convened, he brought back her to his house. His brothers-in-law came and took his daughters to their house. Again he went and brought back his wife and daughters. His daughter Zareena committed suicide by hanging. The accused took up a decision since public were talking ill about him, his wife and his daughters. He dig up a pit in the place between two houses and as his wife questioned him, he told that he was to construct a water tank. On 27.07.2001, at about 11.00p.m., politely talking to his wife, he took her near the pit, then strangulated her with a saree and placed the body into the pit. He brought the daughters one by one, closed their mouth with plasters, tied the hands of the three daughters and made all five to sit in the pit alive. Then he spread the polythene bag and filled the pit with earth. On 28.07.2001, he left the place and went to Nagercoil. He felt very much about the murders committed by him. He informed his sister Faizunnisa over phone and she scolded him and on the same day, he came to the Village Administrative Officer and