Ranjan Gogoi, J.

1. This appeal is directed against the judgment and order dated 12.7.2005 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 95/2001. By the aforesaid order, the accused/appellant has been convicted under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000, in default, to suffer R.I. for three months more. It may be noticed, at this stage, that by the aforesaid order passed by the learned trial court, the accused/appellant has been acquitted of the offence charged under Section 333/307/427, IPC.

2. The law was set in motion by PW1, Jakheram Koch by lodging a FIR in the Mankachar Police Station on 9.11.1999 at about 7 p.m. alleging that in the night of 8.11.1999 the accused/appellant who is the son-in-law of the first informant had killed his wife Smt. Duhita Koch and his 11/2 year old daughter Babuli Koch. In the FIR filed, it was specifically mentioned that the deceased Duhita Koch at the time of her death was 9 months pregnant and both the deceased persons had suffered injuries on their heads', hands and legs committed by sharp weapons. Specifically, the first informant had mentioned that af