A person who intentionally and unlawfully kills another person is guilty of murder under Section 302, IPC.

( 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 complainants place for about two years prior to the occurrence. He used to reside in the complainants house and used to take his food here. About 11/2 - 2 months prior to the occurrence Tahira Bibi was kidnapped by the appellant and was taken to his village in Bhagalpur. Two days thereafter complainant vent to the village of the appellant Mohd. slam where it was learnt that he along with Tahira Bibi had gone to Bhagalpur Court. The complainant then went to Bhagalpur Court where he found Tahira Bibi sitting on a Takht" along with another girl. Seeing her father Tahira Bibi immediately embraced him and started weeping. Mohd. Islam who was at some distance slipped away after seeing the complainant. Thereafter the complainant brought Tahira Bibi to Varanasi on a jeep. At bout 5. 30 p. m. on 2-2-1989 the complainant vas in the verandah of the second floor of the house, while Tahira Bibi, Jamila Bibi and Suhail Ahmad were on the first floor. Tahira Bibi and Jamila were preparing food and Suhail Ahmad was sitting near by. The appellant Mohd. Islam, carrying a country made pistol in his right hand, came on the first floor of the house shouting that he would take Tahira Bibi with him on that day and no body can stop him. He rushed towards Tahira Bibi who ran towards a kothari (room) which is towards southern side. Mohd. Islam also tried to enter the kothari when he was asked not to do so by Jamila Bibi and Suhail Ahmad. Jamila Bibi caught hold of the left hand of Mohd. Islam. Mohd. Islam freed his left hand from the grip of Jamila Bibi and fired upon her head from the pistol. Tahira Bibi ran downstairs raising an alarm. Meanwhile Suhail Ahmad bent towards his mother. The appellant then fired second time from his pistol which hit Suhail Ahmad on his temple and he fell down. The complainant who was seeing the occurrence from the second floor was raising alarm and Tahira Bibi was also raising alarm after getting down. The appellant then entered the kothari and fired from his pistol twice. The complainant got down from the second floor to the first floor, meant while Mohd. Islam also came out of the kothari and held out a threat what he should get away otherwise he too would be killed. Meanwhile many people of the mohallah and some police men also arrived at the first floor. The police personnel took out their fire arms and challenged the appellant who was thereafter caught along with the pistol. Jamila Bibi and Suhail Ahmad died and their bodies were lying inside the kothari. The complainant then dictated a first information report of the incident to Maqbool Hasan and lodged the same at 6. 30 p. m. on 2-2-89 at police station Jaitpura on the basis of which a case was registered as crime No. 23 of 1989 under Section 302, IPC. A second first information report was l