JUDGMENT

W.A. Shishak, J.- Masaddar Ali and Monohar Ali alias Monai appeal against the judgment and order of conviction under Section 302/34 of the Indian Penal Code passed by the Sessions judge, Silchar in Sessions Case No. 64/1980 sentencing them to undergo R.I. for life.

2. Jamir Ali sustained injuries in between 7 to 8 p.m. of 10th October, 1976 at village Babicharra. The place of occurrence was at Latu Border not far away from the house of Jamir Ali. The Police Officer Shri N.G. Choudhury of Latu Police Out Post, B.S.F. personnel and the villagers arrived immediately at the place of occurrence and removed injured Jamir Ali to Latu State Dispensary for treatment, but he died there in that night at about 11.35 p.m. as a result of injuries sustained.

3. The prosecution case was that Jamir Ali made dying declaration implicating Masaddar Ali, Makmud Ali, Monohar Ali alias Monai and Maybor Ali as his assailants. All the four accused had been arrested, of which Makmud and Maybor All had been discharged, but the appellants faced trial and convicted. The prosecution case rests only on dying declaration.

4. There was no dispute on the fact of death Jamir Ali in the night of 10-10-1976 a