Y. I. Singh, J.-The appellant Badaruddin was tried for the murder of Tabibullah Hazarika and his son Matlabuddin Ahmed by the Court of Sessions, Darrang. He is convicted and sentenced to impri­sonment for life. In addition, he was also sentenced to a fine of Rs. 1,000/- and in default of payment of fine, he was directed to undergo another 6 months rigorous imprisonment. It is against this order of conviction recorded by the Sessions Judge, Darrang in Sessions Case No. 112(D-M) of 1977 that the convict has preferred the present appeal from jail.

2. The prosecution story of the occurrence, as gathered from the 5 eye witnesses, is that on 1.10.74 at about 4 P.M. while Moinul Haque P.W. No. 4 was tending their cows in their land situated at Bordoulguri village, one male calf entered into a plot of land which was purchased by his father from one Hamir Ali. All of a sudder, Makibur Rahman @ Hafiz Ali (absconding accused) hurled a spear aiming towards the calf thereby causing a piercing wound on the right leg of the calf. Thereupon, Moinul Haque. P.W. 4 raised hue and cry and in response to his alarm, his father Tabibullah Hazarika, mother Chandika Begum, brother Matlabuddin and his uncle Sahabuddin rushed id. At their sight, Hafiz went to his " house leaving the spear threat. While Tabibullah Hazarika and his brother Sahabuddin were holding a discussion for reporting the matter to the village Gaonbura, they suddenly heard the sound of firing of gun and when they looked round they saw accused Badaruddin standing on the boundary of his homestead land holding one fire­arm in his hand. At the same time, Tabibullah Hazarika and his son Matlabuddin fell down on the ground as they received gun shot injuries on their persons. The two injured persons were immediately taken to their house. Nur Islam Hazarika, P.W. 7 hastened to Sipajhar Police Out Post and lodged the report Ext. 6. By that time, the accused Badaruddin appealed at the Police Out Post and he has immediately arrested by the Police. It is to be noted here that while Nur Islam Hazarika was away to Police Station, the two injured persons succumbed to their injuries. Shri Tilak .Chandra Saikia, a Police Sub-Inspector, who was the House Station Officer of that Out Post, during the relevant period, immediately forwarded the Ejahar to Mangaldoi Police Station for registration. Thereafter, he took up the investigation of the case.

3. During the course of investigation, he examined as many as 12 witnesses including 5 eye witnesses and seized one SBBL Gun of Belgium make Ext. I bearing No,. SI. 1669, two Pewits Ext. 2, one Sellier & Bullet, 12 bore cartridge Ext. 3, three MT. Cartridge Ext. 4, Ext. 5 and Ext. 6, one MT 12 bore Sellier Bullet Cartridge case Ext. 7 and another Pellet Ext. 8. it is to be noted here that according to me expert, Ext. 1 and Txt. 2 are the pellets of the shot gun cartridge and the same were fired by using the SBBL Gun Ext. 3.

4. Dr. Narayan Ch. Talukdar, P.W. 1 performed autopsy over the two dead bodies of Tabibullah Hazarika and his son Matiaouddiu Ahmed as identified by the two constables namely-(1) Tnaneswar Das and (2) Paniram Bora and one person namely Tamijuddin Antned. On examination of the dead body 01 labibullan Hazarika be found the following injuries.

"(1) One wound of entry i.e. penetrating wound of gunshot wound 1/4" x 1/4" - margin inverted and lacerated 1” above and to the right umbilicus.

(2) One wound of exit communicating with the entry of wound No.l measuring 1/2" ,x 1/2" over, the 10th left rupturing the spleen.

(3) One penetrating wound of entry-measuring 1/4" x 1 ½” to the left and above the umbilicus.

(4) One wound of exit 1/2" x 1/2" communicating with the wound of the entry No. (3) over the left lumber region posteriorly in the left scapular line.

(5) One wound of entry (penetrating wound) ¼” x ¼” over the left 6th intercostals space in mammary line.

(6) One swelling on the back just lateral to the 8th thorasix spine on the left side communicatin

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