N. C. TALUKDAR, J. :- This appeal is against an order dated the 31st July, 1964 passed by Shri B. Basak, Addl. Sessions Judge, Jalpaiguri, convicting the accused-appellant under Sections 302 and 307 of the Indian Penal Code and sentencing him under the former section to undergo imprisonment for life and under the latter one to undergo rigorous imprisonment for five years, sentences to run concurrently.

2. The prosecution case unfolds a sad and sordid story of a father killing his child, an infant-in-arm and also attempting to kill his wife and another minor son. Digendra alias Dwijendra Nath Roy is the son of one Kimsundar Roy (P.W. 11). He was living with his wife and two children in separate mess but in the same house with his father and step-mother at Madhya Nararthali. On the 28th September, 1963 in the evening the accused-appellant returned home, took his meals and went out again towards the village Harimandir for participation in the distribution of prosad and thereafter spent the night at the house of a friend. Next morning, namely, on the 29th September, 1963 he came back home and after resting for some time he went to his father's portion of the house at about 8 o