JUDGMENT

1. The appellant Mokbul Khan was found guilty u/s 325 by a unanimous verdict of the Jury and the learned Sessions Judge of Pabna agreeing with this verdict has sentenced the appellant to two years rigorous imprisonment and a fine of Rs. 200. The facts briefly are these : The appellant and his brother Mansur had an altercation with the complainant about an exchange of labour. One Pro-dhan Babu Khan came to arbitrate. Mokbul and Mansur began to beat complainant. Poiz Bepari protested. Mokbul struck him on the head with a lathi and Mansur on the side. He fell down and shortly expired. Defence was that the case was entirely false. In order to understand Mr. Chowdhury's point a few more facts are necessary. The occurrence took place at night. The only witness as to what happened is the complainant Mahajan and the case of the prosecution depends on the belief or disbelief of his evidence and also of the witnesses to whom it is alleged he stated what had occurred immediately or shortly after the occurrence. After Mahajan had been examined the Public Prosecutor apparently considered his evidence in some respect hostile and with the leave of the Court proceeded u/s 154 to cross-exam