P. D. KODE, J. :– The appellant-original accused assails the judgment and order dated 17.10.2005 passed by the learned 7th Ad-Hoc Addl. Sessions Judge, Sewree, Mumbai in Sessions Case No.307 of 2004, convicting him for murdering one Mehnaz Istikhar Khan and mother-in-law Smt. Zaheeda Bano and for attempting to commit the murder of PW-4 Arif Ishtikar Khan and sentencing him to suffer imprisonment for life for an offence of murder and also to suffer rigorous imprisonment for five years for the offence of attempt to commit murder.

2. According to the prosecution, at the relevant time, one Istikar Khan was residing in Room No.27, Mantan Pada, Mohd. Hussain Chawl, Poisar alongwith his wife Zaheeda (deceased), daughter Mehnaz (deceased), son Arif (PW-4) and son-in-law, i.e., appellant. The appellant and PW-4 Arif were assisting Istikar Khan in his business of selling of Onions and Potatoes at Poisar.

2.1 On 27.12.2003, PW-3 PSI Ravindra Padwal on Station House Duty at Kandivali Police Station received a telephone call at about 3.00 a.m. from unknown person that many persons has gathered at Mohd. Hussain Chawl, Mantan Pada, Kandivali (W) due to some incident having taken place and for immediately coming to said place. PW-3 rushed to said place alongwith other staff and found many persons gathered at Room No.27 in said Chawl. Upon entering the room, PW-3 found that two ladies and one boy with injuries on their heads and blood smeared on the quilt and the mat, were lying in said room. They also noticed one cement block-brick with bloodstains in the said room ad-measuring into 10'x 10'. PSI Yadav, Beat Officer removed injured persons to Bhagwati hospital. However, out of them, Zaheeda Bano had expired and other two injured were in unconscious condition. The police received clue that son-in-law, i.e., the appellant was not at the said place.

2.2 PW-3 lodged Report (Exh.16) regarding murder of Zaheeda and injuries caused to others by means of cement block. Crime No.358 of 2003 was registered thereon. PW-10 Ravishankar R. Thakur took up the investigation. The appellant was apprehended and taken in the custody in front of Our Lady Church, Poisar, S.V. Road, Kandivali (W) as per information received about him. The bloodstained lungi and baniyan in the carry bag with the appellant were seized while arresting him under arrest panchanama.

2.3 PW 10 send the corpse of Zaheed for postmortem examination to Bhagwati Hospital at Borivali. Mehnaz also having died on 2.1.2004 while taking treatment in Sion Hospital, her body was also sent for postmortem. PW 10 send all seized articles to Chemical Analyzer and collected C.A. Reports in respect of seized articles as well as blood group of deceased Zaheeda, Mehnaz, injured Arif(PW-4) and of the appellant. After completion of investigation, a charge-sheet was submitted in 43rd Court of Metropolitan Magistrate, at Borivali, Mumbai.

3. The appellant pleaded not guilty to the charge (Exh.5) for offence under Sections 302 and 307 of I.P.C. framed against him by the Court of Sessions, after the case was committed to the said Court. In addition to the witnesses referred hereinabove, the prosecution examined seven more witnesses, i.e., PW-1 Rakesh Mann, PW-2 Asif Shaikh, PW-5 Dr. Baban Shinde, PW-6 Dr. Sanket Mehta, PW-7 Bhagwan Singh, PW-8 Mohd. Miraz Khan, and PW-9 Dr. Rajesh Dere. The defence of the appellant was of total denial. Though the appellant admitted his presence at the relevant night in the room No.27, he contended that some unknown persons assaulted Zaheeda, Mehnaz and Arif (PW-4). The trial Court after assessment of prosecution evidence came to the conclusion that the appellant committed murder of Zaheeda and Mehnaz by intentionally causing them injuries by means of cementblock and also attempted to commit murder of PW-4 Arif, inconsonance with such finding arrived, the trial Court convicted and sentenced the appellant.

4. Mr. Abhay Kumar Apte, the learned appointed counsel for the appellant, su