Judgment

GOSWAMI, J. :- The day, April 4, 1966, broke ominously for Lala Barhi (deceased) who used to render physical training and swimming lessons to young boys. One such boy, Sabir Hanfi (P. W. 9), aged about 18 years, went to the house of Lala Barhi (hereinafter, Lala) at Purani Bazar, in the town of Muzaffarpur. Lala was then asleep. Sabir Hanfi woke him up and they both went to the Ashram Ghat (known also as Balu Ghat) on the bank of the Gandak river. There when Lala was cleansing his teeth and washing his face, the appellant Rajendra Prasad (hereinafter to be described as the accused) came there with four or five persons. It is said that the accused had some differences with Lala over some money which he had given to him to assault somebody which Lala failed to accomplish. As his companions were keeping Lala engaged in talk, the accused thrust a dagger on the back of Lala who then called Sabir Hanfi. Lala, himself a robust young man, rushed towards the accused who took to his heels with his companions. Lala fell down rushing forward a space of about forty yards and breathed his last. Sabir Hanfi and others also ran behind Lala to his aid.

2. Although thirteen witnesses were exa