R.N.SAHAYAND and D.P.S.CHOUDHARY JJ.

1. This is an appeal under Section 378 (1) of the Code of Criminal Procedure against the judgment and order of the 4th Additional Sessions Judge, Arrah dated 1st September, 1987 in Sessins Trial No. 63/84, whereby the seven respondents in this appeal who were charged and tried for murder of Ram Ayodhya Singh were acquitted disbelieving all the eye-witnesses examined in this case.

2. Ram Ayodhya Singh was native of village Bhagwatpur P.S. Chandi in the district of Bhojpur. He was employed in a Post Office at Arrah. Ram Chhabila Singh, the prime witness and Informant of this case is own brother of Ram Ayodhya Singh but lived in a separate house. On 4-4-1983 Ram Chhabila Singh went to the house of Ram Ayodhya Singh at about 6.00 a.m. Both of them took tea and started at about 6.30 a.m. for going to Arrah. Ram Ayodhya Singh had to attend his duty at the Post Office. He had with him a cycle loaded with domestic articles. His brother Ram Chhabila Singh was going on foot. They reached the road in front of Upper Primary School, Bhagwatpur. According to the version of Ram Chhabila Singh, respondents before us came from west variously armed and th