KUMAR JIBESHWAR SINGH Vs. THE STATE

JUDGEMENT

(1.) Kumar Jibeshwar Singh aged 36 years (hereinafter referred to as the appellant or Kumar), the sole appellant, convicted in the case under Sec. 302, Indian Penal Code, for having committed the murder of Shree Kant Choudhary by intentionally or knowingly causing his death with rifle, on the 30th November, 1966, at the portico of the Trust Office, Rajnagar, P.S. Madhubani, District Darbhanga, and sentenced to life imprisonment, happens to be the son of late Raja Bahadur Bisheshwar Singh, younger brother of Mahrajadhiraj Sir Kameshwar Singh Bahadur of Darbhanga. The person killed, viz., Shree Kant Choudhary, aged about 60 years (hereinafter referred to as the deceased or S.K.C.), was an old employee of the Rajnagar Raj and was, at the relevant time, the manager of this estate. The appellant is the proprietor of Rajnagar Raj and lives in his residential house within the Rajnagar Raj compound (hereinafter referred to as the Raj compound), within Madhubani P.S. in the district of Darbhanga. For the management of temples etc., of the Rajnagar Raj, there is a Trust of which the appellant happens to be the trustee. Within the Raj compound, at a distance of about 150 -175 yards north of the southern entrance gate of the Raj compound, there is a portico type arched gate through which there is a passage from south to north. This passage portion of the arch measures 19 ft. from south to north and 14 ft. 9 inches from east to west. On the western side of this portico is a room of the size 12' 10 ' east to west X 19' 19' north to south having one door in each of its four walls on the four sides. The eastern door in the eastern wall opens in the portico, the level of the floor of this door being only a few inches above the floor of the portico. There is another room on the eastern side of the portico, opposite this western room, with four doors on each side of the four walls. The Trust Office is held in these two rooms. The number of clerks employed in this office is seven or eight. At a distance of 150 yards north of the Trust Office, there is another similar arch -gate, a portico and about 50 yards north -west of this second portico is the residential house of the appellant known as Deorhi or Bara Kotha; and about 400 yds. north -east of the said residential house of the appellant and about 200 yds. north of the Trust Office is the residential quarters of Rajeshwar Jha, Pujari, who happens to be the father -in -law of the appellant. A bi -weekly Hat is held outside the Raj compound at a distance of about 600 yds. south -east of the Trust Office. This Hat is held on every Wednesday and Sunday. The public way from the Hat to the villages towards the north lies through the Raj compound and the said pathway entering through the southern entrance gate of the Raj compound trifurcates at a tri -junction, at a distance of fifteen laggas south of the Trust Office; one passage goes straight to the Trust Office, the other goes to the Durga temple situate at a distance of 20 yards east of the Trust Office and the third, passing along the eastern side of the Durga temple, proceeds north -west and goes out of the Raj compound through its northern gate. The Rajnagar Block Development Office (Block Office) is located at a distance of 200 yards south -west of the southern entrance gate of Raj compound in a portion of the outhouse of the Rajnagar Raj. By the side of the Block Development Office is the strong room or the armory of the Rajnagar Raj.

(2.) The prosecution case is that on the day of occurrence, which was a Wednesday and also a Hat day, at about 3 P.M., appellant Kumar Jibeshwar Singh wearing a Khaki woollen coat with fur collars, a woollen pant and black rubber gum -boots and carrying a rifle in his hand came from the northern side and entered into the western room of the Trust Office through its eastern door which alone (of the four doors of the room) was open at the time. There was nobody either in this room or in the room opposite. Shree Kant Choudhary had been away to Lakshmipur on that particular day along with the Block Development Officer, Shri A.K. Srivastava (P.W. 13), as he had to inspect some hard manual scheme at Lakshmipur. Shree Kant Choudhary was the Mukhia of Karahia Gram -Panchayat within which lies, village Lakshmipur. It is said that the B.D.O. dropping Shree Kant Choudhary at Lakshmipur at about 2 P.M., proceeded onwards on his jeep to Khajauli Block Development Office. It may be noted here that the village home of the deceased is Lakshmipur and at the relevant time his family members were staying in his village home and that deceased was staying alone with Bishundeo Mishra (P.W. 14), the informant of this case, who was an employee in the estate and living in the Raj Quarters allotted to him for his residence. It may further be noted that Shree Kant Choudhary happened to be the sister's husband of the informant Bishundeo Mishra (P.W. 14) and the sister of Shree Kant Choudhary was also married to Bishundeo Mishra.

(3.) The prosecution alleged in the case that before going to the Trust Office the appellant had sent his Pujari, Rabinath Thakur, to call Munna Singh, a sipahi of Rajnagar Raj, who was incharge of the armory and was also incharge of the other sipahis of the Raj. Munna Singh was living in the quarters of the Raj outside the Raj compound, at a distance of one hundred laggas north of the residential house of the appellant. It is said that at about 3 P.M. Rabinath Thakur came to the quarters of Munna Singh with the message that he was immediately wanted by the appellant. Munna Singh, Udit Deo, Tanik Lal Jadav and informant Bishundeo Mishra (P.W. 14), who were all Raj sipahis with night -guard duties of the Deorhi, were present at the time. On receipt of the message, Munna Singh at once left his quarters to meet the master, viz., the appellant. The other sipahis Udit Deo, Bishundeo Mishra and Tanik Lal Jadav, also followed Munna Singh, may be, out of curiosity. Another sipahi Rajdeo Jadav joined this party in the way. Coming to the Deorhi, they learnt that the appellant had gone to the Trust Office and they accordingly came to the Trust Office. It is said that the above sipahis found the appellant inside the western room of the Trust Office tearing some papers with the bayonet of the rifle and the rifle itself had been placed on a chair inside the room, on the southern side of a table in front of the eastern door.