JUDGMENT

FAZAL ALI, J.:— This appeal is directed against the judgment of the Assam High Court dated 13-8-1976 by which the High Court allowed the appeal and after reversing the judgment of the Sessions Judge acquitting the appellants, convicted the accused Keshoram Bora and Someswar Bora under S. 302/34 and sentenced them to imprisonment for life. The appellant Keshoram Bora has preferred this appeal under the SC (Enlargement) of Criminal Appellate Jurisdiction) Act, 1973 as also under S. 379 of the Code of Criminal Procedure. 1973.

2. A detailed narrative of the prosecution case is contained in the judgment of the High Court and it is not necessary for us to repeat the same all over again.

3. According to the prosecution, Kalinath Bora was uprooting pulses from his land on 19th December, 1967 at about 9 a. m. when the accused Keshoram Bora and Someswar Bora appeared on the scene armed with Shels along with their father and brother and attacked the deceased. The deceased received a number of injuries as a result of which he feel down. F. I. R. was lodged by P. W. 3 Roma Kanta Bora at Police Station Dhing at about 11 a. m. on the same day. In the F.I.R. however, only the name of P. W.