(1.) THIS appeal by the accused and the reference for confirmation arise out of the order of the Sessions Judge, Tellicherry sentencing the appellant to death for murdering Vasu a thirteen year old boy.
(2.) THE case against him is that on the night of 12-6-1961 he entered the house of pw. 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 Koodali amsom, Tellicherry Taluk, did commit murder on Bittan Vasu" omitting such necessary details as the time and the place.
(3.) THE accused denied the deed, but admitted that he attempted to commit suicide on the night of 12-6-1961 because of a chronic stomach trouble. He stated that he was not unfriendly with Vasu and denied having visited Vasu in his house on 12-6-1961 at 2 P. M. He denied the authorship of Ext. P-4 letter and the extra judicial confessions to Pws. 5 and 8.