R.Balasubramanian, J.: The appellant in this appeal, a lady, is the sole accused in S.C.No.20 of 2000 on the file of the II Additional Sessions Judge, Coimbatore. She was charged and tried for offences under Secs.302(3 counts) and 307(3 counts) of the Indian Penal Code. On being found guilty, she was sentenced to hanging till her death for the offence of murder (3 counts) and sentenced to ten years rigorous imprisonment on each count under Sec.307 of the Indian Penal Code. Under Sec.366 of the Code of Criminal Procedure, R.T.No.2 of 2000 had come up before this Court by way of reference. The accused filed an appeal C.A.No.482 of 2000. Since both the cases arise out of the same sessions case, we are inclined to dispose of the R.T., as well as the appeal by this common judgment. Heard Mr.V.Gopinath, learned senior counsel appearing for the appellant and Mr.R.Shanmuga Sundaram, learned Public Prosecutor, appearing for the State. 2. Brief facts of the prosecution case can be summarised as hereunder. Three persons were killed, viz., Bhoopathy, Kaliammal and Ramalingam by the accused. Bhoopathy is the husband of the accused and Kaliammal is the mother-in-law of the accused. Ramalingam is the son of P.W.2. For convenience sake, we will hereinafter refer the three persons above referred to as D-1, D-2 and D-3. The three injured are P.Ws.2, 3 and 4. P.Ws.3 and 4 are the children of P.W.2. P.W.2 is married to P.W.1. 3. P.W.10 is the elder brother of D-1. Their sister is Subbulakshmi. Her husband is P.W.11. P.Ws.1 to 4 are residing in the adjoining house of the accused. There has been a lingering doubt in the mind of the accused that her husband, viz., D-1 has an illicit affair with P.W.2. On account of such an apprehension in the mind of the accused in this case, the relationship between P.W.1’s family and the accused family have become very much strained and they are not in talking terms. In the above context, the accused and her husband were also found involving themselves in quarrels often. On account of such an apprehension in the mind of the accused in this case, the relationship between P.W.1’s family and the accused family have become very much strained and they are not in talking terms. In the above context, the accused and her husband were also found involving themselves in quarrels often. One week prior to the occurrence which was on 20.9.1998 at about 6 a.m., the accused is stated to have gone to a nearby temple in the village where she is alleged to have prayed to God to see that the members in the house of P.W.2 should be totally eradicated and their house should be visited with all the evils available in the world. After such prayer, the accused is also stated to have taken sand from the road and threw it in air uttering that the family of P.W.2 should be totally doomed. The said conduct, on the part of any person in taking the sand and throwing it on somebody uttering words, as stated above, is always taken as an evil act in this part of the State. The accused is also stated to have said that her prayers to God would be answered soon and the family of P.W.2 would be destroyed soon. On 19.9.1998 P.Ws.10 and 11 came to the house D-1. That night, after dinner, they stayed there. At about, 11 p.m., in that night, P.Ws.10 and 11 saw the accused and her husband quarrelling loudly. Both of them advised the accused as well as the deceased not to quarrel and thereafter, they went to bed. 4. At about 5.30 or 6.00 a.m., on the next day morning, they saw D-1 screaming loudly. P.W.10 immediately got up and saw the accused indiscriminately cutting her husband D-1 in this case. D-2, viz., Kaliammal stepped in to prevent the assault on her son D-1 and the accused did not spare her as well and she was also indiscriminately cut. Apprehending that they also would be cut like that, P.Ws.10 and 11 immediately ran out of the house. The accused with the very same weapon of offence used, came out of the house and went to the house of P.W.1. At that time, P.W.1 had gone out of the house to answer the all of nature. P.W.2 has also gone out of the louse to collect cow-dung. The accused with the very same weapon of offence used, came out of the house and went to the house of P.W.1. At that time, P.W.1 had gone out of the house to answer the all of nature. P.W.2 has also gone out of the louse to collect cow-dung. P.W.9 and two others who are related to P.Ws.1 to 4 were also in he house of P.W.1 at that time. As P.W.2 was returning to her house, after collecting cowdung, she heard the screaming noise in her louse. When she entered the house, she saw the accused indiscriminately cutting her son Ramalingam who is D-3 in this case. P.W.3 also saw the onslaught of the accused on D-3, on P.W.3 getting up from his bed. In this circumstance, the accused did not even spare him and attacked him also indiscriminately resulting in innumerable injuries to P.W.3. P.W.4 is another child of P.W.2 and she, on seeing the gruesome attack on P.W.3 raised her voice. The accused telling that P.W.4 should not raise her voice, attacked P.W.4 as well. P.W.4 also received injuries. P.W.2, seeing her children, P.Ws.3 and 4 being attacked, intervened and she was also attacked by the accused in this case. P.W.4 had suffered fracture on the skull besides other injuries. P.W.2 had suffered injuries on her face, shoulder and the other parts of the body. M.O.1 is the weapon of offence used by the accused for attacking P.Ws.2 to 4. 5. On hearing the noise in the house of P.W.2, the neighbours including the relatives of P.W.2, viz., P.W.9 and another stepped in and requested the accused not to assault the injured any more. The accused even threatened them that if they try to near her, they would also be attacked. Saying so, the accused ran out of the house with the weapon of offence. The relatives of P.W.2 tried to catch the accused but, yet, she made good her escape. P.Ws.2 to 4 were taken to the hospital by those persons present at the scene of occurrence. The Medical Officer of the Hospital, viz., P.W.5 attended the injured, viz., P.W.3. The Doctor was informed that P.W.3 had sustained injuries at the hands of a known lady. P.W.5 also examined P.W.4 with reference to her injuries. P.W.5 was informed that she has sustained injuries at the hands of a known lady. The Medical Officer of the Hospital, viz., P.W.5 attended the injured, viz., P.W.3. The Doctor was informed that P.W.3 had sustained injuries at the hands of a known lady. P.W.5 also examined P.W.4 with reference to her injuries. P.W.5 was informed that she has sustained injuries at the hands of a known lady. P.W.5 examined P.W.4 and found on her five injuries. Ex.P-5 is the X-ray taken for P.W.4 and it discloses a fracture of the internal part of skull. Thereafter, the opinion of a Neuro Surgeon was obtained. Injuries 1 and 3 on P.W.4 are grievous injuries and injury Nos.2, 4, 5 and 6 are simple injuries. Ex.P-4 is the accident report for P.W.4. P.W.5 also examined P.W.2. On P.W.2, P.W.6 noticed 10 injuries. Ex.P-7 is the X-ray for P.W.2 and it discloses fracture on the person of P.W.2. Injuries 1, 4, 6 and 10 suffered by P.W.2 are grievous in nature and the rest of the injuries are simple. Ex.P-6, is the accident register for P.W.2. The Doctor was of the opinion that the sixth injury would have been caused by a weapon like M.O.1 and these injuries could have been caused on P.Ws.2 to 4 in the manner and at the time alleged. At about 11.15 a.m., P.W.5 examined Bhoopathy who was brought with the injuries on him. On examination, he found six injuries on the person of Bhoopathy. Ex.P-8 is the accident register for Bhoopathy. The Doctor was of the opinion that a weapon like M.O.1 could have caused the injuries found on Bhoopathy who later, succumbed to his injuries. P.W.5 was informed that he was attacked by his wife. 6. P.W.13 is the Village Administrative Officer. He was in his office between 8.45 and 9 a.m. on 20.9.1998. He would say that on 20.9.1998 he was informed by one Perumal that the accused had attacked Ramalingam (D3) as well as P.Ws.2 to 4 in the house of P.W.2. That statement was reduced into writing and it was marked as Ex.P-1 in this case. P.W.1 sent his assistant with Ex.P-1, his report and P.W.1 to the police station at Nallur. 7. On receipt of Ex.P-1, P.W.18 the Inspector of Police of the jurisdiction police station prepared Ex.P-48, the printed first information report and sent it to the jurisdiction court as well as to his higher officials. At 11.50 a.m., P.W.18 visited the scene of occurrence. 7. On receipt of Ex.P-1, P.W.18 the Inspector of Police of the jurisdiction police station prepared Ex.P-48, the printed first information report and sent it to the jurisdiction court as well as to his higher officials. At 11.50 a.m., P.W.18 visited the scene of occurrence. At the request of P.W.18, P.W.14, the photographer went to the scene of occurrence and took photographs of the dead body. M.O.25 series are the photographs and M.O.26 series are the negatives of the photographs of the dead body of D-3. Likewise photographs of the deceased Kaliammal was also taken. M.O.27 series and M.O.28 series are the photographs and negatives of the body of Kaliammal. P.W.14 photographer had also taken photographs of the blood stained flooring of the house of Kaliammal. M.O.29 and M.O.30 are the photographs and negatives of the same. P.W.13 was also present at that time. P.W.18 in the presence of P.W.13 and others prepared an observation mahazar Ex.P-33 and drew a rough sketch Ex.P-49. At about 12.30 in the afternoon, he recovered M.O.8 blood stained earth and M.O.9 sample earth in the presence of witnesses under a mahazar Ex.P-34 from the place where D-3 was attacked. Later on, from the place where P.W.3 was attacked, he recovered blood stained earth M.O.10 and sample earth M.O.11 under a mahazar in the presence of the same witnesses. Likewise, from the scene of occurrence, where P.W.4 was attacked, M.O.12 blood stained earth and M.O.13 sample earth were recovered under a mahazar Ex.P-36. P.W.18 also recovered M.Os.14 to 16 under a mahazar Ex.P-37 in the presence of witnesses. Thereafter, P.W.18 went to the house where D-2 was attacked and recovered M.Os.17 and 18 under a mahazar Ex.P-18 from the place where D-2 Kaliammal was attacked and from the place where D-1 Bhoopathy was attacked, he recovered M.Os.19 and 20 under a mahazar Ex.P-39. P.W.18 also recovered M.Os.21 to 24 under a mahazar Ex.P-40 from the place where D-1 was attacked by the accused. Between 3.30 p.m., and 5.00 p.m., P.W.18 conducted inquest over the body of D-3. Ex.P-50 is the inquest report. Between 5 p.m., and 6.30 p.m., he conducted inquest over the body of D-2 and Ex.P-51 is the inquest report. He thereafter, sent the corpse of the D-2 and D-3 for conducting post-mortem with a requisition Exs.11 and 9 through police constable P.W.16 to the Government Hospital. 8. Ex.P-50 is the inquest report. Between 5 p.m., and 6.30 p.m., he conducted inquest over the body of D-2 and Ex.P-51 is the inquest report. He thereafter, sent the corpse of the D-2 and D-3 for conducting post-mortem with a requisition Exs.11 and 9 through police constable P.W.16 to the Government Hospital. 8. P.W.6 is the Doctor attached to the Government Hospital, Tiruppur, who on receipt of the bodies of Kaliammal and Ramalingam brought by P.W.16 commenced post-mortem on the bodies. On conducting post-mortem on the body of Kaliammal (D-2), P.W.6 noticed the following injuries: “External Injury: 1. A cut injury over the nape of neck of 10 x 10 x 6 cm size, deep cut-exposing underlying muscle and bone which were also severed. The head and neck lying loose. 2. A cut injury of 4 x 4 x 2 cms over left fore arm just above wrist exposing the bones which was broken and the hand lying loose. 3. A lacerated injury 4 x 2 x 2 cm over right elbow. 4. A lacerated injury of 2 x 1 x 1 cms over right eye-brow. Internal Injury: 1. The cut injury over rape of neck explored found out have travern through the muscles which was cut and the cervical vertebra 5 and 6 were chopped off exposing the spinal card which was also cut into two with surrounding haematoma on the wound. 2. The cut injury over left fore arm also involves the underlying muscle and both bones & forearm causing fracture of both bones. No fracture ribs. Heart 250 grams. Pale, chambers empty. Lungs right 350 gms. Left 300 gram. Pale. Hyoid intact. Stomach empty. Liver 1100 grams. Pale. Spleen 100 gram. Pale. Each kidney 150 gram. Pale. Intestines distended with gas. Bladder empty. Uterus and ovary atruphic. No fracture skull. Brain 1200 gms. Membrane intact. Spiral card cut in the cervical region as mentioned earlier.” The Doctor was of the opinion that the deceased would appear to have died of shock and hemorrhage due to multiple injuries and death could have occurred 24-36 hours prior to autopsy. Ex.P-10 is the post-mortem certificate relating to D-2. Thereafter, P.W.6 conducted post-mortem over the body of D-3 during which he found on the body of D-3, the following symptoms. "External Injury: A cut injury of 15 x 10 x 4 cms. Ex.P-10 is the post-mortem certificate relating to D-2. Thereafter, P.W.6 conducted post-mortem over the body of D-3 during which he found on the body of D-3, the following symptoms. "External Injury: A cut injury of 15 x 10 x 4 cms. Root of neck left side and the back of next exposing the underlying vessels which was covered with haematoma and the cervical vertebra the head and neck lying loose. Internal Injury: The above injury was explored found to involve the neck muscles at the root of neck which was severely lacerated and cut. The major blood vessels common carotid artery and jugular vein was cut into two pieces surrounding haemoatoma. The cervical vertebra C6 and C7 were found cut at the transverse process level exposing and injuries to the spinal card. The Doctor was of the opinion that the deceased would appear to have died of shock and hemorrhage due to injury to root of neck left side and death could have occurred 24 to 36 hours prior to autopsy. Ex.P-12 is the post-mortem certificate relating to D-3." 9. P.W.18 on 21.9.1998 arrested the accused in the presence of P.W.13 and another at 7 a.m. The accused at that time voluntarily gave a confession statement the admissible portion of which is Ex.P-41. Pursuant to the said statement, the accused took P.W.18 and the witnesses to the fence in the land of one Ponniah Gounder and produced M.O.1, the weapon of offence. It was recovered by P.W.18 in the presence of P.W.13 and others under Ex.P-42. Thereafter, the accused along with the weapon of offence was brought to the police station. She was given change of dress and M.O.42 blood stained saree, M.O.43 blood stained jacket and M.O.44 blood stained inner skirt were recovered by him under Ex.P-52. On 21.9.1998 at about 3 p.m., from the Government Hospital, in the presence of P.W.12 and another, P.W.18 recovered M.O.6 blood stained underwear and M.O.7 blood stained lungi of D-1 Bhoopathy under a mahazar Ex.P-29. He, likewise, recovered M.O.2 blood stained saree and M.O.3 blood stained inner skirt of P.W.2 under Ex.P-30 in the presence of witnesses. In the same pattern, M.O.4 lungi belonging to P.W.3 was recovered under a mahazar Ex.P-31. M.O.5 blood stained dhoti was recovered underneath the bed of P.W.4 under a mahazar Ex.P-32. He, likewise, recovered M.O.2 blood stained saree and M.O.3 blood stained inner skirt of P.W.2 under Ex.P-30 in the presence of witnesses. In the same pattern, M.O.4 lungi belonging to P.W.3 was recovered under a mahazar Ex.P-31. M.O.5 blood stained dhoti was recovered underneath the bed of P.W.4 under a mahazar Ex.P-32. After the post-mortem of D-2 and D-3 was over, P.W.16 recovered M.Os.37 and 38 from the body of D-2 and handed over the same to the police officer. Likewise, M.O.40 and M.O.41 were also recovered from the body of the deceased and they were along with the special report, Ex.P-43 was handed over by P.W.16 to P.W.18. The body of D-2 and D-3 was handed over by him to their relatives. 10. At about 8.15 p.m. on 22.9.1998 on receipt of the death intimation, Ex.P-53 from the hospital, P.W.18 altered the section of offence to one under Sec.302 of the Indian Penal Code as far as the attack on Bhoopathy is concerned and the altered printed first information report, Ex.P-53 was sent by P.W.18 to the higher officials as well as to the court. At his request, another photographer took photographs of the body of Bhoopathy. M.O.35 series and M.O.36 series are the photographs and negatives of the body of Bhoopathy. P.W.18 conducted inquest over the body of Bhoopathy in the presence of witnesses and Ex.P-54 is the inquest report. With a requisition, Ex.P-13 he sent the dead body of Bhoopathy through P.W.16, a Constable for conducting post-mortem to the hospital. P.W.7 is the Doctor attached to the Government Hospital, Tiruppur during the relevant time. On receipt of Ex.P-13 through P.W.16 as well as the dead body, P.W.7 conducted post-mortem on the dead body of Bhoopathy. During the post-mortem, P.W.7 noticed the following injuries on the body of Bhoopathy. "External Injuries: 1. A cut injury in the anterior aspect of the neck 10 x 3 cm exposing the tracheal lumen. 2. A sutured wound of 10 cm over the left side of chin. 3. A sutured wound of 5 cm just below and anterior to the left ear. 4. A sutured wound of 7 cm in the occipital region. 5. A cut injury over the left side of the back of chest 4 x 2 cm medial border of the scapula. 6. A sutured wound of 5 cm in the nucleal area. 7. 3. A sutured wound of 5 cm just below and anterior to the left ear. 4. A sutured wound of 7 cm in the occipital region. 5. A cut injury over the left side of the back of chest 4 x 2 cm medial border of the scapula. 6. A sutured wound of 5 cm in the nucleal area. 7. A sutured wound 10 cm above the left elbow. 8. An incised wound over the medial aspect of the left thumb 1 x 1/2 cm x S.L. thick. Injuries 2 to 7 were found to be upto muscle depth on dissection. No dissection of extremities. No fracture of ribs. Heart 350 gm containing clotted blood. Both lungs congested. Spleen 100 gm. Congested. Both kidneys congested (R) 550 (L) 450 gm. small intestine congested large intestine distended with gas. Bladder full. No fracture of skull bone (NC) intact brain congested 1400 gms. Blood preserved in blotting paper. No fracture pelvis. Spinal coloumn intact." The Doctor was of the opinion that the deceased would appear to have died of shock and hemorrhage due to multiple injuries 18 to 24 hours prior to post-mortem. Ex.P-14 is the post-mortem certificate relating to D-1. 11. P. W.18 sent the case properties to the Court with a requisition Ex.P-44 to send the same for chemical analysis. On receipt of Ex.P-54, P.W.17, the property clerk attached to the court of the Judicial Magistrate No.I, Tiruppur sent the same for chemical analysis. Ex.P-45 is the copy of Ex.P-44. P.W.17 also speaks about the receipt of Ex.P-46, the Chemical Analyst’s report as well as Ex.P-47 the Serologist’s Report. P.W.18 gave a requisition on 6.10.1988 to record the statement of witnesses under Sec.164 of the Code of Criminal Procedure to the Chief Judicial Magistrate, Coimbatore. Ex.P-15 is the requisition given in regard thereto by P.W.18. P.W.8, the Judicial Magistrate, Tiruppur on receipt of the requisition given by the investigating officer to record the statement of witnesses under Sec.164, Crl.P.C.. issued summons to the witnesses under Sec.164, Crl.P.C. issued summons to the witnesses on 21.10.1998. Accordingly, the witnesses appeared before him and their statements were recorded under Sec.164, Crl.P.C. Exs.P-16 to P-25 are their respective statements. Pursuant to a similar requisition contained in Ex.P-26, the statements of P.Ws.2 and 3 were recorded under Sec.164, Crl.P.C. by P.W.8 and they are Exs.P-27 and P-28. Accordingly, the witnesses appeared before him and their statements were recorded under Sec.164, Crl.P.C. Exs.P-16 to P-25 are their respective statements. Pursuant to a similar requisition contained in Ex.P-26, the statements of P.Ws.2 and 3 were recorded under Sec.164, Crl.P.C. by P.W.8 and they are Exs.P-27 and P-28. After completing investigation, P.W.18 laid the final report against the accused for the offences referred to earlier. 12. When the accused was questioned under Sec.313 of the Code of Criminal Procedure on the basis of the incriminating materials made available against her, she would state that her husband is addicted to liquor; under the influence of liquor used to gamble; he used to treat the accused cruelly; he often used to beat and that she was subjected to all sorts of cruelty; with the live ends of cigarette, her husband (D-1) used to brandish her; he had even beat her on her head and caused injuries; he often used to insist that she must go home and bring money and that she is innocent and the case had been foisted upon her. 13. Mr.V.Gopinath, learned senior counsel appearing for the appellant would contend that the evidence placed by the prosecution did not establish the guilt of the accused of an offence under Sec.302 of the Indian Penal Code, assuming that the entire evidence of the prosecution can be accepted as true. The submission of the learned senior counsel for the appellant is that the accused was exposed to such amount of cruelty and harassment not only by her husband (D-1) but also by her mother-in-law (D-2) which alone drove her to the extreme end of causing multiple deaths. As far as the murder of D-3 and the attack on P.Ws.2 to 4 is concerned, the argument of the learned senior counsel is that her husband was having an illicit affair with P.W.2. This illicit affair between her husband and P.W.2 had reached a point of no return and therefore, mentally, the accused was totally upset. The statement of the accused recorded under Sec.27 of the Evidence Act though, strictly may not be admissible in evidence as against the maker, yet, if anything is in her favour, it can be looked into. This illicit affair between her husband and P.W.2 had reached a point of no return and therefore, mentally, the accused was totally upset. The statement of the accused recorded under Sec.27 of the Evidence Act though, strictly may not be admissible in evidence as against the maker, yet, if anything is in her favour, it can be looked into. Saying so, learned Senior counsel would submit that the statement of the accused recorded under Sec.27 of the Evidence Act would show that even the children of P.W.2 did not spare her in joining others while they heckled the accused in the case. Therefore, learned senior counsel would contend that the totality of the circumstances available in the case would show that the accused was driven to the extreme end of deprivation of her self-control which alone has led the accused to cause multiple murders as well as to cause grievous injuries to P.Ws.2 to 4. Therefore, learned senior counsel would contend that the extreme sentence of death need not be visited on the accused, if the Court holds that the prosecution had established the case beyond reasonable doubt. Learned senior counsel would also add at the end that the evidence of the witnesses on the face of it do not merit acceptance. 14. However, Mr.R.Shanmugasundaram, learned Public Prosecutor would respond by stating that on the facts of this case, this case appears to be a rarest of rare case. The conduct of the accused in attacking D-3, who was a young boy aged about 13 years and attacking P.Ws.3 and 4, who are helpless young victims, itself shows that the accused deserves no mercy or sympathy at the hands of this Court. Her conduct of attaching D-3 as well as P.Ws.3 and 4 would show her mind in committing the crime against the helpless young victims. Further, learned Public Prosecutor would state that even assuming that the accused may have some justification for attacking D-1 and D-2 and P.W.2 as well, yet, she has no reason whatsoever to even cause simplest of simple injuries to D-3 as well as to P.Ws.3 and 4. Therefore, these circumstances, can be definitely taken note of by this Court in sustaining the death sentence imposed on the accused in this case. Therefore, these circumstances, can be definitely taken note of by this Court in sustaining the death sentence imposed on the accused in this case. On the merits of the case as far as the involvement of the accused in causing multiple deaths as well as in attacking P.Ws.2 to 4, learned Public Prosecutor would that the evidence available in this case is over-whelming and heavily loaded against the accused end therefore, no exception, whatsoever could be taken to the finding of guilt rendered by the learned Sessions Judge. 15. In the context of the arguments advanced by the learned senior counsel for the appellant and the learned Public Prosecutor, we applied our mind carefully to the materials placed before the court by the prosecution. We have already noticed that there are three deaths and three persons were seriously injured. D-1 is the husband of the accused, D-2 is the mother-in-law of the accused and D-3 is the son of P.W.2. The accused, the prosecution evidence itself shows, had entertained a very serious doubt that her husband (D-1) was having an illicit affair with P.W.2. Therefore, when the evidence of the prosecution witness itself shows such a state of affair between D-1 and P.W.2, we are inclined to proceed on that basis and analyse the case of the prosecution case vis-a-vis the involvement of the accused in committing the offence. As far as the attack and murder of D-1 and D-2 is concerned, we have the oral evidence of P.Ws.10 and 11. They are the relatives of D-1 and D-2. Their evidence shows that they came to the house of D-1 and D-2 on that day and stayed that night after taking dinner. Their evidence further shows that around 11 p.m., viz., the night prior to the occurrence day, D-1 and accused had a wordy quarrel. The quarrel was in such a loud pitch that it attracted the attention of P.Ws.10 and 11. Both of them intervened and pacified the quarrelling spouses. After advise, they claim to have gone to sleep. Their evidence would show that when D-1 was asked as to why they are quarreling at that time, D-1 told the witnesses, viz., P.Ws.10 and 11 that the accused, in the background of her suspicion in mind over the alleged illicit affair of D-1 with P.W.2, was quarrelling. After advise, they claim to have gone to sleep. Their evidence would show that when D-1 was asked as to why they are quarreling at that time, D-1 told the witnesses, viz., P.Ws.10 and 11 that the accused, in the background of her suspicion in mind over the alleged illicit affair of D-1 with P.W.2, was quarrelling. Therefore, the prosecution evidence shows that prior to the occurrence proper itself, there was a quarrel between D-1 and the accused in the background of D-1 having an illicit affair with P.W.2. As already stated, enough materials are on record to show that the accused was having a very strong suspicion in her mind that her husband, viz., D-1 was having an illicit affair with P.W.2 in this case. The evidence of P.W.10 and P.W.11 show that at about 5.45 a.m., on the day of occurrence, they heard a screaming noise in the house; they woke up to see the accused cutting D-1 indiscriminately; on D-2 intervening; she was also cut by the accused indiscriminately. We have perused the evidence of P.Ws.10 and 11. No ground whatsoever is made out in doubt their presence in the house of D-1 and D-2 or even to doubt their evidence. Under these circumstances, we are inclined to agree with the learned Sessions Judge that the evidence of P.Ws.10 and 11 clinchingly establish the involvement of the accused in perpetrating the crime on her husband, viz., D-1 and her mother-in-law, viz., D-2. 16. The scene next shifts to the attack on D-3 and P.Ws.2 to 4. That attack had taken place immediately following the attack on D-1 and D-2. P.W.1 and P.W.2 are husband and wife. The second set of occurrence took place only in their house. At that time P.W.1 had gone out to answer the calls of nature and therefore, he was not present. The evidence of P.W.2 also shows that she had gone out to collect cow-dung. P.Ws.2, 3 and 4 are the injured victims of the offence. The evidence of P.W.2 would show that on her returning to her house, she heard a screaming noise of her son. Immediately, P.W.2 rushed to the house and there she saw the accused attacking D-3, viz., her son Ramalingam. The young boy was aged about 13 on the date of the attack. P.Ws.3 and 4 are the other children of P.W.2. Immediately, P.W.2 rushed to the house and there she saw the accused attacking D-3, viz., her son Ramalingam. The young boy was aged about 13 on the date of the attack. P.Ws.3 and 4 are the other children of P.W.2. They were sleeping in the house and on hearing the distress cry of D-3, viz., Ramalingam, they also woke up and they saw the accused cutting D-3 in the case. The accused on seeing P.Ws.3 and 4 raising their voice, on seeing their brother being attacked by the accused, did not even spare them and attacked them causing various types of injuries. On seeing her children being attacked by the accused, P.W.2 also hastened her steps and she was also attacked by the accused. The medical evidence shows that all the three injured witnesses, viz., P.Ws.2 to 4 have suffered grievous injuries. P.W.9 is another witness who also came to the house of P.W.2 and she had witnessed the entire occurrence including the attack on P.Ws.2 to 4 and the attack on D-3. The evidence of P.Ws.2 to 4 and 9 is complete on all aspects as far as the involvement of the accused with reference to the attack on P.Ws.2 to 4 as well as on D-3. We are not able to find even a single circumstance from which we can discredit the evidence of P.Ws.2 to 4 and 9. The accused has enough motive as far as the attack on P.W.2 is concerned. D-2 as well as D-3 died on the spot. D-1 succumbed to the injuries later on. The oral evidence of the eye-witnesses, viz., P.Ws.10 and 11 as far as the attack on D-1 and D-2 is concerned and the oral evidence of P.Ws.2 to 4 and 9 as far as the attack D-3 and P.Ws.2 to 4 are concerned clinchingly establish the involvement of the accused in causing the injuries to all the persons, above referred. The medical evidence also shows that all the three persons, viz., Bhoopathy, Kaliammal and Ramalingam died only due to the injuries sustained by each one of them at the hands of the accused. The medical evidence also shows that all the three persons, viz., Bhoopathy, Kaliammal and Ramalingam died only due to the injuries sustained by each one of them at the hands of the accused. Therefore, there cannot be any escape for the accused in this case from the conclusion of the trial Court that she is guilty of the offence of murder on three counts and for the offence under Sec.307, I.P.C. (3 counts) and as such, we are in entire agreement with the learned Sessions Judge in sustaining the guilt of the accused for the offences referred to earlier. 17. The question that still survives for consideration, even after we have agreed with the learned Sessions Judge of the involvement of the accused, is whether the sentence of death, as ordered can be sustained on the facts of this case or is she entitled to a lesser sentence of life imprisonment. We have in our mind the entire picture of the case. It is no doubt true that after completing the attack on D-1 and D-2, the helpless victims like D-3 and P.Ws.3 and 4 were not even spared by the accused. D-3 was also a young boy aged about 13 when he was attacked. At the same time, we cannot brush aside the argument of the learned senior counsel that the case on hand, on the facts available, cannot be brought under the category of “rarest of rate cases”. In this context, the learned senior counsel would invite our attention to the statement of the accused recorded under Sec.27 of the Evidence Act which shows that the children of P.W.2 also did not spare the accused while the elders joined in abusing her about which we will refer to a little later. Therefore, the attack on D-3 though, at the outset appear to be without any reason, yet, the state of mind in which the accused would have been at the time when she entered the house of P.W.2, in the context of her statement under Sec.27 of the Evidence Act, cannot be totally lost sight of. In the background of the above facts, we applied our mind further to find out whether the death sentence can be sustained any further. In the background of the above facts, we applied our mind further to find out whether the death sentence can be sustained any further. In this context, we would like to have in our mind the judgment of the Supreme Court in Bachan Singh v. State of Punjab, A.I.R. 1980 S.C. 898 and the relevant page is extracted hereunder, “....it is quite clear that for making the choice of punishment or for ascertaining the existence or absence of “special reasons” in that context, the court must pay due regard both to the crime and the criminal. What is the relative weight to be given to the aggravating and mitigating factors, depends on the facts and circumstances of the particular case. More often than not, these two aspects are so intertwined that it is difficult to give a separate to each of them. This is so because ‘style is the man’. In many cases, the extremely cruel or beastly manner of the commission of murder is itself a demonstrated index of the deprived character of the perpetrator. That is why, it is not desirable to consider the circumstances of the crime and the circumstances of the criminal in two separate water-tight compartments. In a sense, to kill is to be cruel and therefore all murders are cruel. But such cruelty may vary in its degree of culpability. And it is only when the culpability assume the proportion of extreme depravity that “special reasons” can legitimately be said to exist. There are numerous other circumstances justifying the passing of the lighter sentence; as there are countervailing circumstances of aggravation. It cannot be over-emphasised that the scope and concept of mitigating factors in the area of death penalty must receive a liberal and expansive cons ruction by the courts in accord with the sentencing policy writ large in Sec.354(3). Judges should never be blood-thirsty. Hanging of murderers has never between too good for them. Facts and figures, albeit incomplete, furnished by the Union of India, in the instant case, show that in the past, courts have inflicted the extreme penalty with extreme infrequency-a fact which attests to the caution and compassion which they have always brought to bear on the exercise of their sentencing discretion in so grave a matter. Facts and figures, albeit incomplete, furnished by the Union of India, in the instant case, show that in the past, courts have inflicted the extreme penalty with extreme infrequency-a fact which attests to the caution and compassion which they have always brought to bear on the exercise of their sentencing discretion in so grave a matter. It is, therefore, imperative to voice the concern that courts, aided by the broad illustrative guidelines indicated, will discharge that onerous function with evermore scrupulous care and humane concern, directed along the highroad of legislative policy outlined in Sec.354(3), viz., that for persons convicted of murder, life imprisonment is the rule and death sentence an exception. Therefore, it is clear that the number of murders do not count and the number of injured persons do not count and they do not definitely weigh with the mind of the court indeciding the punishment. Having that approach, as laid down by the Supreme Court in the judgment above referred to, we herein notice some salient features which weigh with us in deciding the appropriate punishment to be given to the accused in this case. Even in Ex.P-1, the earliest document available in this case it is stated by P.W.1 that the accused has entertained a doubt that his wife, viz., P.W.2 was having a illicit affair with the husband of the accused, viz., D-1 and having that suspicion in mind, the accused was always picking up quarrels and that there were quarrels between the accused as well as D-1 in that regard. It is also found stated therein that on account of the said suspicion, the family of the accused used to sarcastically comment upon P.W.1 and his wife. P.W.1 in his evidence in chief itself had reiterated what he had stated in Ex.P-1. He would also add that both the families are not in talking terms and even one week prior to the occurrence the accused, entertaining a doubt, picked up a quarrel with them. P.W.1 in his evidence in chief itself had reiterated what he had stated in Ex.P-1. He would also add that both the families are not in talking terms and even one week prior to the occurrence the accused, entertaining a doubt, picked up a quarrel with them. P.W.1 would state as follows: “D-2, viz., mother-in-law of the accused was always treating the accused cruelly; D-1 always used to beat the accused and subjected her to cruelty; generally, the villagers had developed a hatred towards the accused; the villagers sarcastically used to comment on the accused and they even went to the extent of calling the accused as an insane person.” P.W.2 in her evidence in chief would state, “Between her family and the family of the. accused, there is a strained relationship and they are not in talking terms; there is no exchange of visits; the accused entertaining the doubt against her always used to pick up a quarrel with her and one week prior to the occurrence, the accused had picked up a quarrel with her on the basis of the doubt which she is having in her mind.” In her evidence, P.W.2 would further state that only on the basis of the doubt that P.W.2 was having an illicit affair with her husband, she has done the crime. More or less the same fact, as we noticed earlier, is found in the evidence of P.W.3 as well as P.W.4. In the statement of the accused recorded under Sec.27 of the Evidence Act, she had stated that she was not even spared by the children of P.W.2 which included D-3 and P.Ws.3 and 4. 18. From the above facts, we are able to visualise to what extent the accused would have been driven in her life. For a human mind to go to such an extreme end is not easily and normally possible. The mental response of every individual, placed in the position of the accused is likely to vary from an individual to individual. For one individual the re-action may be severe and for another individual on the same set of circumstances, the re-action may be medium. Some individuals may respond violently and some may not even respond. In the context of the varying mind of every human being we tried to judge the mind of the accused in perpetrating the crime. For one individual the re-action may be severe and for another individual on the same set of circumstances, the re-action may be medium. Some individuals may respond violently and some may not even respond. In the context of the varying mind of every human being we tried to judge the mind of the accused in perpetrating the crime. We saw that even on the night prior to the occurrence, there was a quarrel between the accused and her husband based on the suspicion about which we had referred to earlier. There are no materials to show that the accused had pre-planned anything. The evidence shows that the accused had prayed to God to see that the house of P.W.2 is visited with all evils and that her entire family must be doomed. These are the instances which go to show to what extent the mind of the accused should have been driven from end to end. The very fact that the accused had committed the crime without any breathing time and without even knowing and understanding whether what she is doing is right or wrong is yet another indication to show that she has been deprived totally of her self-control. In the words of the Honourable Judges of Supreme Court in the judgment in Om Prakash v. State of Haryana, A.I.R. 1999 S.C. 1332, the accused appears to have gone astray and derailed from the regular path. The judgment of the Supreme Court in Om Prakash’s case, comes very handy for us to decide the case in favour of the accused in imposing the lesser punishment. We herein extract the relevant paragraph of the judgment of the Supreme Court in Om Prakash’s case. “In the instant case the question would be whether the case of the accused could be one of the “rarest of rare cases” “so that death sentence is required to be imposed. Even though, this is a gruesome act on the part of the accused in killing seven members of a family in pre-planned manner yet, it is a result of human mind going astray because of constant harassment of the family members of the accused. It could be termed as a case of retribution or act for taking revenge. No doubt, it would not be a justifiable act at all, but the accused was feeling morally justifiable on his part. It could be termed as a case of retribution or act for taking revenge. No doubt, it would not be a justifiable act at all, but the accused was feeling morally justifiable on his part. Hence, it would be difficult to term it as the “rarest of rare cases”. Further, this is not a crime committed because of lust for wealth or women, that is to say, murders are neither for money such as extortion, dacoity or robbery; nor even for lust and rape; it is not an act of anti-social element, kidnapping and trafficking in minor girls or an anti-social element dealing in dangerous drugs which affects the entire moral fibre of the society and kills number of persons; nor is it crime committed for power or political ambitions or part of organised criminal activities. It is a crime committed by the accused who had a cause to feel aggrieved for injustice meted out to his family members as the hands of the family of the other party who according to him were strong enough physically as well as economically, and having influence with the authority which was required to protect him and his family. The bitterness increased to a boiling point and because of the agony suffered by him and his family members at the hands of the other party and for not getting protection from the police officers concerned or total inaction despite repeated written prayers goaded or compelled the accused to take law in his own hands which culminated in gruesome murders; may be that his mind got derailed of the track and went astray or beyond control because of extreme mental disturbances for the constant harassment and disputes.” The case on hand is definitely on a better footing than the case decided by the Honourable Supreme Court in the judgment referred to supra. In view of the judgment cited supra, the number of murders and the number of persons injured are totally extraneous for deciding the appropriate sentence to be given to an accused found guilty of the offence of murder in a given case. The two judgments of the Supreme Court referred to earlier definitely are in favour of the accused to enable her to escape from the sentence of being hanged till her death by her neck. 19. The two judgments of the Supreme Court referred to earlier definitely are in favour of the accused to enable her to escape from the sentence of being hanged till her death by her neck. 19. Accordingly, agreeing with the learned Sessions Judge on his finding in holding the accused is guilty of the offences, we are inclined to modify the sentence of death imposed on her by the learned Sessions Judge and instead, we sentence her to life imprisonment. The argument advanced by the learned Public Prosecutor to impose a heavy fine on the convicted accused so that a substantial sum may be given to the young injured victims as compensation, though appealed to us, to start with, yet from the poor circumstance in which the accused is shown to be living, we are not inclined to impose the fine, as argued by the learned Public Prosecutor. With the modification in sentence imposed by the accused, as indicated above, the Referred Trial is answered accordingly and the criminal appeal is disposed of. The sentences imposed are directed to run concurrently.