JUDGMENT :

P.N. Prakash, J.

Prayer: R.T.No. 2 of 2020: Referred Trial under Section 366 Cr.P.C. on the judgment and order dated 11.03.2020 passed in Sessions Case No.92 of 2018 on the file of the Sessions Court (Mahila Court), Chengalpattu.

Crl.A.No.40 of 2021: Criminal Appeal filed under Section 374(2) Cr.P.C. seeking to set aside the judgment and order of conviction and sentence dated 11.03.2020 passed in Sessions Case No.92 of 2018 on the file of the Sessions Court (Mahila Court), Chengalpattu.

1. Referred trial (R.T.) No.2 of 2020 is a reference made by the Sessions Court (Mahila Court), Chengalpattu (for brevity “the trial Court”) under Section 366 Cr.P.C., for confirmation of the death sentence awarded to the appellant in S.C.No.92 of 2018 vide judgment and order dated 11.03.2020. Crl.A.No.40 of 2021 is an appeal under Section 374(2) Cr.P.C. filed by the accused challenging his conviction and sentence in the aforesaid Sessions Case.

2. This is a sordid case of a parricide, in which, four persons of a family have lost their lives.

2.1 The appellant, viz., Dhamodaran @ Prakash, born to late Murugesan and Saraswathi (D.1), was residing in Door No.5, Flat No.28, A-3, Ranganathan Flats, Nandanar Street, Pammal, Chennai. He is a graduate in Economics. He married Deepa (D.2) sometime in 2010 and was blessed with two children, viz., Roshan (D.3) and Meenakshi (D.4).

2.2 The appellant’s father established a business in the name and style of “Prakash Cloth Stores” in Pammal area in 2006. The appellant was initially reluctant to join his father’s business, but, at the instance of his mother, Saraswathi (D.1), he continued the business, after his father’s death in 2014.

2.3 On account of sudden demonetization of currency notes by the Central Government in 2016, the appellant’s business slumped badly, as he was neither able to repay his debts nor realise them. The appellant had borrowed monies from banks and other merchants and was not able to repay them, because of fall in his business. The appellant wanted to leave the business and take up employment, but, his mother Saraswathi (D.1) was not agreeable to this idea and she exhorted him to continue the business. As the debts started mounting, the appellant fell into a sort of frustration and resolved to commit suicide.

2.4 It is alleged that between 05.00 a.m. and 05.30 a.m. on 12.12.2017, the appellant took a kitchen knife (M.O.1) and bludgeoned his wife Deepa (D.2) in her neck. On hearing the sound, when the appellant’s mother Saraswathi (D.1) came, he stabbed her in her neck and thereafter, stabbed his two children (D.3) and D.4).

2.5 After that, the appellant telephoned his brother-in-law, Kumaravel @ Raja (P.W.2) and merely told him in Tamil “TAMIL” (Raja, please forgive us. As we are not able to live, we are all going to die). So saying, he disconnected the telephone call and when Kumaravel (P.W.2) tried calling him, he did not attend the call. Kumaravel (P.W.2) immediately informed this to his father, Balakrishnan (P.W.1).

2.6 On hearing this, Balakrishnan (P.W.1) and his wife Banumathi (P.W.3), rushed to the appellant’s residence and on entering the house, they were shocked to find a ghastly scene, in that, they found their daughter Deepa (D.2), their grandchildren viz., Roshan (D.3) and Meenakshi (D.4) and the appellant’s mother Saraswathi (D.1), with bleeding injuries. They also saw the appellant sitting next to the injured, with cut injuries in his neck. They were at their wits’ end. They came out of the house and hollored. Soon, a crowd gathered and Kumaravel (P.W.2) also joined them.

2.7 Ambulances were summoned and all the five were rushed to the Government Hospital, Chromepet, where the doctors examined them and declared Saraswathi (D.1), Deepa (D.2), Roshan (D.3) and Meenakshi (D.4) as dead. Dr.Naganandhini (P.W.9) examined the appellant and found a deep cut injury in the fro