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8. From the evidence of the aforesaid prosecution witnesses, P.W. 1 to 62, it is evident that P.W. 24 Rama Devi contested Lok Sabha Election, 1998 from Motihari Constituency as Rastriya Janta Dal candidate. She was opposed in the aforesaid election by Devendra Nath Dubey of Samajwadi Party. Polling in the Constituency took place on 22.02.1998, re-poll was ordered on few polling booths to be held on 24.02.1998. One day prior to the re-poll, on 23.02.1998, Devendra Nath Dubey was killed, for which Sangrampur P.S. Case No. 10/98 was registered, in which Brij Bihari Prasad, deceased of the present case, his brother Shyam Bihari Prasad, Kamakhya Narayan Singh (P.W. 15) and others were made accused. Brij Bihari Prasad was arrested by C.B.I. on 04.04.1998 in connection with Merit Scam Patna High Court CR. APP (DB) No.878 of 2009 dt. 24 -07-2014 40 bearing R.C. No. 43(A)/97 and remanded to Beur Jail. On 05.04.1998, while in judicial custody, he was admitted in I.G.I.M.S., Sheikhpura, Patna as indoor patient. In order to avenge the death of Devendra Nath Dubey, his brother Bhupendra Nath Dubey, nephew, sister‟s son Mantu Tiwari (Accused No. 4) along with others named in fardbeyan as also others not named in the fardbeyan, including Accused No. 1 Suraj Bhan Singh, Accused No. 2 Mukesh Singh, Accused No. 3 Lallan Singh, Accused No. 5 Captain Sunil Singh, Accused No. 6 Ram Niranjan Choudhary hatched a conspiracy to eliminate Brij Bihari Prasad, which is evident from the print out of Land Line No. 32772 (Exhibit-1/1) and proved by P.W. 2, subscribed in the name of Shrawan Kumar Agrawal but installed in the Mokama house of Accused No. 1. It appears from the said print out that on 11.05.1998 a telephone call was made from Land Line No. 32772 to Land Line No. 226595 of Accused No. 7 Shashi Kumar Rai and to Land Line No. 266071 of Accused No. 8 Vijay Kumar Shukla. Between 12.05.1998 and 14.05.1998, 4 calls were made from Land Line No. 32772 to the Mobile Patna High Court CR. APP (DB) No.878 of 2009 dt. 24 -07-2014 41 No. 9834004457 of Accused No. 5 Captin Sunil Singh. Between 25.05.1998 and 11.6.1998, 17 calls were made from Land Line No. 32772 to the Land Line No. 266071 of Accused No. 8 Munna Shukla. Two calls were also made to his Mobile No. 9835022271 during the said period from Land Line No. 32772. Besides the aforesaid documentary evidence P.W. 32 Sone Lal and P.W. 39 Lal Babu Choudhary have also deposed that 2-3 days prior to the killing of Brij Bihari Prasad they had gone to Beur Jail, Patna to meet one Sanjay Singh, an inmate of the prison. While the two were at Beur Jail campus meeting Sanjay Singh, they saw Accused No. 3 Lallan Singh, Accused No. 6 Ram Niranjan Choudhary and Accused No. 8 Munna Shukla speaking to Accused No. 1 Suraj Bhan Singh, who was also an inmate in Beur Jail. Accused No. 1 Suraj Bhan Singh was asking the three, namely, Accused No. 3 Lallan Singh, Accused No. 6 Ram Niranjan Choudhary and Accused No. 8 Munna Shukla to execute the plan hatched for killing Brij Bihari Prasad, while he is confined in judicial custody in I.G.I.M.S., Sheikhpura, Patna. In support of the Patna High Court CR. APP (DB) No.878 of 2009 dt. 24 -07-2014 42 conspiracy, prosecution has further relied on the evidence of P.W. 24 Rama Devi that few days prior to the occurrence Brij Bihari Prasad had expressed apprehension that Accused No. 1 Suraj Bhan Singh, Accused No. 8 Munna Shukla, Accused No. 9 Rajan Tiwari, Bhupendra Nath Dubey, Raghunath Pandey, Satish Pandey and Shiv Prakash Shukla are holding meeting in jail to commit his murder. The occurrence, as reported in the fardbeyan (Exhibit-50) was committed in the evening of 13.06.1998 at 8:15 P.M. by those who have been named in the First Information Report and 2-4 others in furtherance of the conspiracy hatched earlier.