Girish Chandra Gupta, J.

1. This appeal is directed against a judgment and order dated 18th July, 1990, by which the learned Additional Sessions Judge, 5th Court, Alipore, 24 Parganas (South) convicted the appellant, Mantu Karan, under section 302 of the Indian Penal Code for causing death of Sona Hazari as also under section 307 of the Indian Penal Code for attempting to cause murder of Madan Bhowmick and under sections 3 and 5 of the Explosive Substances Act in Sessions Trial No. 4(5) 1988 arising out of Sessions Case No.29(4) 1998. The convict, Mantu Karan, was sentenced to suffer imprisonment for life for the offence punishable under section 302 of the Indian Penal Code as also to suffer rigorous imprisonment for a period of seven years for attempting to murder Madan Bhowmick. Both the above sentences were directed to run concurrently. However, no separate sentence was awarded for the offences punishable under sections 3 and 5 of the Explosive Substances Act.

2. The facts and circumstances of the case briefly stated are as follows :

On 5th November, 1987, in the night between 10.30 p.m. and 10.45 p.m. Madan Bhowmick, P.W. 14, was gossiping with his friend, Son a Hazari, s