( 1 ) MOHD. Islam alias Aslam has filed the present appeal from Jail against the judgment and order dated 19-9-1990 of VIII Addl. Sessions Judge, varanasi in Sessions Trial No. 182 of 1989 and Sessions Trial No. 267 of 1989 whereby he has been convicted under Section 302, IPC and has been sentenced to death in the former sessions trial and under Section 25/27 of the Arms Act for which he has been sentenced to 1 years R. I. in the latter sessions trial. The Addl. Sessions Judge has also made the reference to this Court for confirmation of sentence of death awarded to the appellant.

( 2 ) THE case of the prosecution is as under : the complainant Mohd. Ahmad resided in mohallah Sheshmani Bazar in the city of Varanasi and was engaged in the business of weaving Sarees. Tahira Bibi is his daughter while the deceased Smt. Jamila bibi was the wife of his brother Hazi Abdul Rasheed. Suhail Ahmad, deceased was son of Smt. Jamila, aforesaid, Mohd. Juber is another brother of the complainant and was residing in the same house. Appellant Mohd. Islam alias Aslam is resident of village Bidhana police station Sabor district Bhagalpur, Bihar, and he was working as servant at the co