(1.) THIS appeal is directed against the judgment dated 17.9.1998 and order dated 19.9.1998 convicting and sentencing the appellant to undergo life imprisonment under section 302 of the Indian Penal Code in Sessions Trial No. 150 of 1992.
(2.) THE case of the prosecution in short, is that on 17.6.91 the appellant and his brother -in -law Md. Kalim (deceased) after coming to the house at about 6.30 P.M. took their meal and threafter sat on a 'chauki ' at the 'darwaja ' of house. The wife of appellant Bibi Noor Jahan (deceased) was also sitting there. The appellant and his brother -in -law were talking about 'Roksadi ' of Bibi Noor Jahan. At about 9 P.M. the informant Md. Islam Khalifa (PW 4), father of appellant, came out of his house for purchasing 'biri ' and when he had covered a distance of about] 20 yards he heard sound of explosion from his house and when he turned back for his house, he again heard another sound of explosion. When he came back to his house he found that his daughter -in -law Noor Jahan and Md. Kalim both were lying injured. In the meantime, a number of villagers assembled there and when both the injured were being taken for treatment, they both succumbed to; their injuries. The appellant escaped from there and was not found even on search] The informant on the next day i.e. or 18.6.91 at about 8.15 A.M. went to Police Station where he lodged the FIR alleging therein that the appellant by throwin bombs had committed the murder of but the deceased. About the motive of occurrence the informant in the FIR stated that his son, the appellant had married Noor Jahan from whom he had one son aged about 7 years and one daughter aged about 5 years but he was not giving money to his wife for household works and for this reason there were differences between him and his wife and his brother -in -law, deceased Md. Kalim, used to come to the house of appellant and used to scold him and a 'Panchayati ' was also held on month prior to the occurrence. The police after registering a case under section 302 IPC and sections 3/4 of the Explosive Substance Act against the appellant took up the investigation of the case and after completing investigation submitted charge sheet under section 302 IPC and sections 3/4 of the Explosive Substance Act against the appellant.
(3.) AFTER trial the court below found the appellant guilty under section 302 IPC and accordingly convicted and sentenced him to undergo imprisonment for life. Charge under section 3 of the Explosive Substance Act was found not proved because of want of sanction and the appellant was acquitted for this charge.