and on further inquiry, the boy replied that Iliyas Bhaiya (appellant) had given him the same. Thereafter, he saw that the condition of the boy started deteriorating and the boy started vomiting. Then, the informant (P.W.8) along with his son went to the house of appellant to make inquiry. Seeing them, Iliyas (appellant) and his brothers namely Abbas, Jabbar and Taslim along with his two younger brothers, whose names are not known to informant (P.W.8) and the father of Informant namely Md. Rafique ran inside the house. They did not return even on call. Further case of the prosecution is that in the meantime, the elder brother of the informant namely Yogendra Mahto reached there and the informant (P.W.8) brought his son to Government Hospital, Bhutahi for treatment, where the doctor Ramesh Prasad told him that someone has given poison to him and treatment is beyond his control and he referred the boy to Sadar Hospital, Sitamarhi, where the boy was admitted at about 9:10 P.M. and in spite of treatment the boy died at about 10.:30 P.M. The reason behind the occurrence is stated by the informant (P.W.8) in his fardbeyan to be previous enmity between the appellant and informant, regarding dispute related to passage. The appellant had threatened the informant earlier that he would make the informant issueless.
