took place after 01:45 a.m in the night on 18.03.2022 but Vinay Massey who claims himself to be eye-witness has stated that in the night at about 12:30 he saw the appellant, Manoj and the deceased, Sunil @ Bheema, fighting and the appellant threw the deceased on the ground and thereafter started boxing him from his fist and finally he picked up a heavy stone and dashed it on him with full force which hit his face and he became unconscious. Thereafter, the appellant gave repeated blows from the stone. He stated that since the appellant, Manoj, his a criminal minded person, he dare not to do anything against him. In the statement of the Anil @ Dali, it has come that there was enmity between the appellant and the deceased, since the appellant has made illegal shops after encroaching upon the government land and the deceased used to make complaint in this regard. On the fateful night, the appellant made the deceased consume excess liquor and thereafter murdered him by causing head injury by stone. In the C.C.T.V footage, both were seen together.