S.C. Das, J.

The death sentence reference and criminal appeal, mentioned hereinabove, have arisen out of the judgment and order of conviction and sentence, dated 19.11.2012 and 20.11.2012 respectively, passed by learned Sessions Judge, South Tripura, Udaipur in Sessions Trial Case No. S.T.68(ST/S)/2010, whereby the accused appellant Arjun Biswas has been found guilty of committing offence punishable under Section 302 of IPC and sentenced him to death.

The reference for confirmation of sentence of death has been made by the learned Sessions Judge under Section 366(1) of Cr.P.C. and the appeal has been preferred by the convict-accused from jail against the judgment and order of conviction and sentence under Section 374 of Cr.P.C.

A human being may be even worse than that of beasts--this is what the fact of this case discloses. The relation between the parents and children is considered a most pious relation, especially the relation between the mother and son, so far our mythology is concerned, is regarded as sacred most. The parents after the birth of the children, grow them up, protect them from all odds and, perhaps, all parents try to give the best earthly teaching to their children. At the old age, parents similarly expect protection, nursing, care from their children. A mother sacrifices what not for the well being of her children and similarly, the children also admire and respect the mother as the highest living God on the earth.

This case is an instance of extreme human brutality since it is alleged that the accused, a middle aged man of 42 years, has brutally and mercilessly killed his parents in their own house.

1.1. Another sacred earthly relation is the relation between the husband and wife. A husband is expected to protect his wife from all earthly odds. Not only of providing fooding, clothing and shelter to the wife, but also it is the duty of the husband to provide a decent life of a human being to her.

But in this case the fact is just reverse, as alleged, the accused not only subjected his wife to torture and tormentation but also brutally killed her in presence of their 4/5 years old child.

1.2. It is, therefore, said that human beings may be at their worst and sometimes become more brutal than the beasts and in such cases what should be the duty of the human justice system is the crux to be decided in this death reference and criminal appeal.

2. The accused-appellant Arjun Biswas (aged about 42 years) with his wife Kana Biswas(aged about 25 years) and their son Sagar alias Piyal(PW26)(aged about 4/5 years) and the parents of Arjun, namely Niranjan Biswas, the father(aged about 70 cars) and Sova Rani Biswas, the mother (aged about 60 years), used to reside at village- Sukanta Pally, Srinagar, under PS-Manubazar, South Tripura, in the same house premises. The parents, i.e. Niranjan and Sova used to stay in the eastern viti residential hut and the accused appellant with his wife and their son used to reside in the western viti hut, having same courtyard. A village road was passing in front of their house running towards north to south and their house gate was situated by the side of the residential hut of Niranjan and Sova. The most terrible, unfortunate incident of killing of Niranjan Biswas, Sova Rani Biswas and Kana Biswas occurred at evening time in the night of 12.11.2009 (night between 12.11.2009 and 13.11.2009). At that relevant point of time the accused, his wife, their minor son and his parents were the only inhabitants of their house and none else.

2.1. Prosecution case is that the accused used to work somewhere in the State of Haryana and his wife and minor son used to stay with his parents at Sukanta Pally. A few months before the date of occurrence the accused returned home leaving his job and started living with his wife and son in a separate hut in the same house premises. It is the case of the prosecution that the accused, as a matter of routine, used to treat his wife with all cruelty and also use