JUDGMENT

Joymalya Bagchi, J.—

Genesis of the Appeal:—

The death reference and the criminal appeal have been directed against the judgment and order dated 25.07.2016 and 26.07.2016 passed by the Additional Sessions Judge, Uluberia, Howrah in Sessions Trial No. 91 of 2012 convicting the appellant for commission of offence punishable under sections 302 of the Indian Penal Code and sentenced him to death.

2. On 21st November, 2011 one Md. Firoz Qureshi (P.W. 1) lodged a police complaint at Howrah police station alleging on 14th November, 2011 his brother-in-law, the appellant herein, took his son, namely, Abdul Qadir (aged 6 years) and two daughters, namely, Rounak Khatun (aged 4 years) and Alisha Khatun (aged 2½ years) and also the son of Md. Murtaja, namely, Shahid Hasan (aged 6 years) from a wedding ceremony at Al-Hayat and proceeded towards Kukur Bhukha Bridge. Appellant did not return. Neither did the children. After few hours the de-facto complainant and others started searching for them. Around 1:30 hours on the next day, a missing diary was lodged at Howrah P.S. being G.