- (1.) Rameshwar Uraon and his son Nirmal Uraon, the appellants herein, stand convicted vide impugned judgment of learned Additional Sessions Judge-II, Chatra dated 16th April, 2014 for the charge under Sections 302/34, IPC and sentenced to life imprisonment. They are before us through the medium of instant appeal and now praying for suspension of substantive sentence, during the pendency of the appeal.
(2.) Heard Mr. R.S. Mazumdar, learned Senior Counsel appearing for both the appellants and Mr. Amresh Kumar, learned Additional Public Prosecutor, representing the State. With the assistance rendered to the Court, we have gone through the impugned judgment and some material evidence available from the Trial Court Records.
(3.) One Budhmani Devi, who was a witch doctor, is the deceased in this case. She is the wife of Bande Uraon (PW-5), the first informant, who on the information given to him by one Mahendra Uraon stated before the police that when his wife (deceased) was going near the school in the village to call her son Mahendra Uraon, called her and told her that an ox had thrashed him and for that he was having stomach pain and requested her for treatment, upon which the deceased went to his house, where PW-1 Rita Devi, wife of Mahendra Uraon and Pachwa Devi, mother of Mahendra Uraon, were there and they closed the door so that Mahendra Uraon could get the treatment. It is further stated in the said fardbeyan that in the meantime both the appellants came there armed with iron rod, which was in the hand of Nirmal Uraon and in the presence of Rita Devi, Pachwa Devi and Mahendra Uraon, they started assaulting the deceased. It is then stated that thereafter both of them dragged the deceased and threw her dead body in a ditch in the forest. The cause of this occurrence, as projected in the fardbeyan, is that appellant Rameshwar Uraon, who was also a witch doctor, was not happy with the deceased, she being witch doctor and for this reason, he eliminated the deceased.;