KRISHNAMURTHY ALIAS THAMBA Vs. STATE

JUDGEMENT

(1.) R.T.No.1 of 1989 comes before us for a reference made for confirmation of death sentence under Sec.366, Criminal Procedure Code made in S.C.No.107 of 1988 on the file of the IX Additional Sessions Judge, Madras Division. Criminal Appeal No.31 of 1989 is an appeal preferred by the accused against the Conviction and sentence passed by the learned Sessions Judge in the said case.

(2.) THE appellant/accused was tried by the learned Sessions Judge for an offence under Sec.302, Indian Penal Code on four counts for having murdered his wife Kasthuri, his son Balachander, his daughter Padmasini and his another daughter Anitha by first administering as dative namely, barbiturates mixed with the drink "Frooti" to them and subsequently while they were in a state of stupor under the influence of the sedative and were sleeping by triangulating them with a nylon rope resulting in asphyxia.

(3.) COMING to the judicial confession of the accused, we find that the prosecution relies upon it as a very important piece of evidence to prove their case. It is no doubt true that the accused has retracted on his judicial confession during the course of his statement given under Sec.313, Cr.P.C. Therefore, we have to find out whether the judicial confession has been corroborated on material particulars and whether it is reliable, x x x x x ...We are, therefore, satisfied that the said statement was given by the accused voluntarily and, therefore, we propose to consider the same as a reliable piece of evidence, x x x x x