Judgment

Koshy,J.

Sole accused in Sessions Case No.111 of 2001 on the file of the Additional Sessions Court (Ad hoc-I), Kalpetta was alleged to have committed house trespass and murdered a 33 year old woman and her two children - 9 year old son and 7 year old daughter. He is also accused of inflicting grievous injuries on another child aged 9 who was examined as PW14. The Sessions Court found him guilty and imposed death penalty for the offence punishable under section 302 of the Indian Penal Code subject to confirmation by this court. He was further sentenced to undergo rigorous imprisonment for 10 years, one year, 10 years, 7 years, 5 years and 3 years respectively for offences punishable under sections 449, 342, 307, 397, 506 (ii) and 201 of the Indian Penal Code. The death sentence reference is numbered as D.S.R.No.2 of 2006. Appeal filed by the accused is numbered as Crl.

Appeal No.2314 of 2006.

2. The allegation of the prosecution, as summarised by the trial judge,is as follows:

"The accused committed house trespass into the house of CW3 bearing house number IV/414 of Mananthavady Panchayat situated at Kuzhinilam Puthenpura, about 5 k.ms. west from Mananthavady town on the western