JUDGMENT

Babington Newbould, J. - Arshed Ali has been found guilty by the unanimous verdict of the Jury on the charge of abetment of murder. He has been sentenced by the Additional Sessions Judge of Backerganj to death u/s 302 read with Section 109 of the Indian Penal Code. u/s 374 of the Or. P.C. the proceedings have been submitted to this Court for confirmation and the accused has also preferred an appeal against his conviction.

2. The facts according to the case for the prosecution are as follows:

Lalsom Bibi, the principal witness in this case, has lived as the wife of five men. To how many of them she was legally married is not clear, but her marriage to the appellant Arshed Ali who was the fourth of her so-called husbands was certainly bigamous as it took place during the lifetime of the third Abdul Hussain who had not divorced her. After living with the appellant for a few months she left him and went to live in her father's bari. She was then one month pregnant. In Magh last she went through a form of nika marriage with the deceased Sher Ali. This enraged Arshed Ali and twice in the months of Falgoon and Chaitra, Jabed Ali who is Arshed Ali's dharma-bhai asked Lalsom to return