(1.) The present Appeal arises out of the judgment of a Division Bench of the High Court of Kerala at Ernakulam in D.S.R. No. 4 of 2007 and Criminal Appeal No. 1620 of 2007 dtd. 9/2/2010. The Death Sentence Reference and the Criminal Appeal arose out of the judgment of the Court of the III Additional Sessions Judge (Adhoc), Fast Track Court No. 1, Thrissur in Sessions Case No. 491 of 2006.
(2.) The trial Court found the appellant (the sole accused) guilty for the offences punishable under Ss. 302 and 449 IPC for having committed the murder of Latha (aged 39 years), Ramachandran (aged 45 years), Chitra (aged 11 years) and Karthiayani Amma (aged 80 years) after committing house-trespass. After committing the above said act, the accused attempted to commit suicide for which he was also found guilty under Sec. 309 IPC. The trial Court sentenced the accused to death for the offence punishable under Sec. 302 IPC. For the offence under Sec. 449 IPC, the accused was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.1,000.00 and, in default, to undergo simple imprisonment for six months. The accused was also sentenced to undergo simple imprisonment for two months and to pay a fine of Rs.500.00 for the offence under Sec. 309 IPC, and in default of the payment of fine to undergo simple imprisonment for one month.
(3.) When the matter went for confirmation before the High Court, the High Court, while confirming the conviction, modified the sentence. The sentence of death was modified and reduced to imprisonment for life with a further direction that the accused shall not be released from prison for a period of 30 (thirty) years including the period already undergone with set off under Sec. 428 Cr.P.C. alone. Aggrieved, the appellant is before us in the present appeal by way of special leave.
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