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2. As these appeals arise out of a common judgment of conviction and order of sentence passed by the concerned Trial Court, the same have been heard together for the sake of convenience.

3. Brief facts, leading to filing of the present appeals, are as under:-

Informant Binod Kumar gave his written complaint to the SHO of Bibhutipur P.S. stating therein that Manoj Kumar (younger brother of the informant) and Mukesh Kumar (brother-in-law of Manoj Kumar) had been living at his house since long. On 17.09.2016 at 11:30 P.M., Mukesh Kumar (deceased) received a phone call and went outside. As a dance programme was organized on the occasion of Vishwakarma Puja at Basauna Chowk, the informant did not pay attention as to where he had gone. At 06:00 A.M., the informant got information through phone that dead body of Mukesh Kumar is lying in the water beside the road ahead of Utkramit Madhya Vidyalaya, Pakahi. The dead body was brought to Shahpur Patna High Court CR. APP (DB) No.98 of 2019 dt.19-04-2024 Chowk.

11. P.W.-5, Binod Kumar is the informant of this case and he has deposed in his examination-in-chief that Mukesh Kumar (deceased) was brother-in-law of his brother Manoj Kumar who resided in his house. The occurrence took place in the year 2016 on Vishwakarma Puja. A dance programme was organized at Basauna Chowk. Mukesh Kumar had received a call at 11:00 P.M. and went outside and at 06:00 A.M., he Patna High Court CR. APP (DB) No.98 of 2019 dt.19-04-2024 received information through phone that dead body of Mukesh Kumar is lying in a ditch near Pakahi school. It is further deposed by this witness that before the incident, Shivdani Singh, Ranjeet Kumar and Niranjan Kumar threatened Mukesh Kumar. The said persons threatened the deceased before Manikant Ji Sir, Basath Mahto, Sobha Das Maharaj Ji, Jitan Isar and Ranjeet Kumar Isar at Basauna Chowk. Thereafter the police brought the dead body to Samastipur for post-mortem. The informant further deposed that he does not know the accused.

15. P.W.-9, Manoj Kumar has deposed in his examination-in-chief that deceased Mukesh Kumar was his brother-in-law and lived in Basauna with him in his house. It is further deposed that the incident took place on 17.09.2016 at about 10:30-11:00 at night. Both of us were in the house. That day on the occasion of Vishwakarma Puja, his deceased brother- in-law Mukesh Kumar had gone to Basauna chowk on his red coloured bicycle to watch dance programme. He was having his mobile phone but the number of mobile phone is not known to the witness. However, it ended with 17, he adds himself. When he did not return after watching the dance, the witness dialed to him which could not materialize. It is also deposed that next morning at about 06:00 A.M., he received a phone call informing that the dead body of his brother-in-law is lying in a field (Chour) which was a ditch with water. When this witness reached the place and saw the dead body, he realized that his brother-in-law has been done to death. The red coloured bicycle, slippers, cap, small knife were there and his neck was slit and there were several other injuries on his dead body. This witness in his examination-in-chief has further stated that accused Shivdani Singh, Ranjeet Kumar, Niranjan Kumar etc. Patna High Court CR. APP (DB) No.98 of 2019 dt.19-04-2024 had threatened to do away with him, if he wins the election. He alleges that the aforesaid persons only, hatching a conspiracy, have killed his brother-in-law. Police had inspected the place of occurrence and had prepared the inquest report on which the witness had put his signature. He had also signed the seizure list of the articles seized from the place of occurrence with dead body, which he identifies and the same is marked as Ext.6/1.