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

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