RAJ MANDAL THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two appeals have been placed before this Bench as there was difference of opinion between two Hon'ble Judges of this Court and accordingly, both the appeals have been heard together and are being disposed of by this order.

(2.) Deceased Kapildeo Narain Singh was brutally murdered on 9th of September, 1982 in a village Path way, close to his residential house, in village Parsauni Kapur within Baruraj police station, in the district of Muzaffarpur. At one point of time, he had been working as a postal peon and was popularly known as 'Dak Babu'. During the relevant time, after relinquishing his said job he had been working as a tube well operator at Jaintpur and used to attend to his duties from his native village.

(3.) On the ill-fated day at about 6.30 p.m. deceased accompanied with Murlidhar Pandey (P.W. 1) had gone to Hardi Bazar for purchasing certain articles and in course of that, he had purchased some clothes from the shop of one Misri Lal Sao (P.W. 5) and thereafter, they were returning on their respective bicycles. The deceased was a bit ahead of P.W. 1. The road going from Hardi Bazar bifurcates near an orchard of one Kundan Lal Singh, wherefrom, a village Path starts towards the house of the deceased.