- (1.) This appeal is directed against an order of conviction under Section 302 of the Indian Penal Code, where this appellant was sentenced to suffer imprisonment for life and to pay fine with default clause.
(2.) The allegations against the appellant is this that he in course of altercation with his wife, Razia Bibi, assaulted her and their two years old son with a hammer and killed them. Although prosecution examined as many as fourteen witnesses to establish its case but during trial, the P.W. 1 their minor daughter, Mofleara Khatoon appears to be its key witness. However, defence examined none and entire allegation was denied and it is claimed that he was falsely implicated.
(3.) The learned Counsel appearing on behalf of the appellant assailed the order of conviction on the following grounds:- a) Evidence is insufficient to warrant conviction. b) FIR was not reliable on the face of the admission by the scribe thereof that he wrote the FIR as dictated by the police. c) Inquest report was not proved because the inquest witnesses were not examined. d) The dead body was not identified before the Post Mortem Doctor. e) The Post Mortem Doctor was not examined. f) The allegation of recovery of the hammer at the behest of the accused was not put to him in his examination under Section 313 of the Code of Criminal Procedure. g) Out of fourteen witnesses examined by the prosecution, only one witness, i.e. P.W. 1 claimed that in her presence the victims were assaulted, however in her crossexamination she did not stick to such claim.;