This appeal by the accused and the reference for confirmation arise out of the order of the Sessions Judge, Tellichery sentencing the appellant to death for murdering Vasu a thirteen year old boy.

The case against him is that on the night of 12th June, 1961 he entered the louse of P.W. 1 Narayani and stabbed to death her thirteen year old son Vasu who was sleeping in the house. It may be noted in passing that the terse charge framed against the accused by the learned Sessions Judge merely states “that you on or about the 12th day of June, 1961 at Koodaliamsom, Tellichery Taluk, did commit murder on Bittan Vasu” omitting such necessary details as the time and the place.

The boy Vasu and the twenty-three old accused were weavers in the Solar Weaving Factory and are said to have been very intimate friends. Vasu lived with his widowed mother P.W. 1 and an unmarried sister Janaki in Koodali amsom. The accused Raghavan used to visit Vasu in his house even at nights which gave rise to scandals. P.W. 2 the uncle of Vasu took offence at this and remonstrated with the accused. Thereupon he stopped his visits. Janaki was married on 7th June, 1961. On the previous day there was a feast in the house of P.W. 1 for Vasu’s co-workers. It is alleged that though the accused was present in the gathering he left the place without partaking in the feast. On 12th June, 1961 at about 2 p.m. it is alleged that the accused went to Vasu’s house when he was taking meals. Vasu without taking notice of the accused’s presence in his house left the house immediately. Vasu’s mother to whom the accused complained about Vasu’s indifference, pacified the accused. At about dusk Vasu accompanied by his friend P.W. 3. Balan came home and by 9 p.m. they went to sleep using the same mat. At about mid-night, P.W. 1 woke up hearing the cries of Vasu and she saw blood coming out from his neck. Vasu is alleged to have named the accused as the assailant and P.W. 3 is alleged to have actually seen the accused escaping from the place. Their cries brought P.W. 2 and others to the spot. Vasu was immediately taken to the Government Hospital, Cannanore, where he died at 5-10 p.m. the next day.

There is no eye-witness to the occurrence. The prosecution attempted to prove the case by the statement alleged to have been made by the deceased, the judicial confession, Exhibit P-9, two extra-judicial confessions, Exhibit P-4 a letter recovered from a box in the accused’s house and alleged to be written by him and the subsequent conduct of the accused of having attempted to commit suicide.

The accused denied the deed, but admitted that he attempted to commit suicide on the night of 12th June, 1961 because of a chronic stomach trouble. He stated that he was not unfriendly with Vasu and denied having visited Vasu in his house on 12th June, 1961 at 2 p.m. He denied the authorship of Exhibit P-4 letter and the extra judicial confessions to P.Ws. 5 and 8.

P.W. 1 is the mother of Vasu, P.W. 2 is her brother, P.W. 3 is the friend of Vasu, who is alleged to have slept near him on 12th June, 1961 and P.W. 4 is a neighbour. All these witnesses were not believed by the learned Sessions Judge when they stated that Vasu mentioned the name of Raghavan as his assailant. P.W. 1 the in other, said (hat she went to sleep at 11 p.m. and woke up hearing the deceased crying “Raghavan has stabbed me” . She got up and cried out when she found him bleeding from his neck. Then P.W. 3 got up. Their cries brought P.W. 2 the brother of P.W. 1 and several others and Vasu told all of them that it was Raghavan who stabbed him. P.Ws. 2 to 4 also said that all of them heard Vasu naming the accused Raghavan as his assailant. This attempt made by P.Ws. 1 to 4 to get at a dying declaration from Vasu as to the identity of his assailant was rightly turned down by the learned Sessions Judge in the face of the significant failure to mention he accused as the assailant in Exhibit P-1, statement given by P.W. 2 and