Ananda Sen, J. - (1.) Aggrieved by the judgment of conviction dated 27.03.2003 and the order of sentence dated 28.03.2003, passed by the learned 5th Additional Sessions Judge, Bermo at Tenughat, in Sessions Trial No. 214 of 1999, whereby the accused-appellants have been convicted for committing offence under sections 307 and 498A of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 7 years, this appeal has been preferred by the appellants-accused.
(2.) The prosecution story is that victim Geeta Devi was married to Deblal Mahto (Appellant no.3) on 18.03.1998. It is alleged that after the marriage, all the appellants, who happen to be relatives of the husband, and the husband himself started demanding Hero Honda Motorcycle and one Colour T.V. Due to nonfulfillment of the said demand she was being harassed and tortured regularly and was also assaulted. It is alleged that some time in the month of July, 1998 she was offered a tea mixed with poison, which she refused, as a result of which she was tied up and was assaulted. On 17.10.1998 at about 6 P.M. when the informant was taking bath after cleaning the house, her husband came there and asked for a bucket of water. When the informant (victim) put the bucket inside the well to bring out water, the husband snatched the rope of the bucket from the informant and tied the rope over the body of the victim and forcibly pushed her down in the well. She could manage to catch some grass and plants, which were inside the well and she screamed for help. These appellants then assaulted her with wooden log and other objects like bricks etc. Her attempt to come out from the well was unsuccessful because of the acts of these appellants. After some time she heard that the appellants left the place thinking her to be dead. She managed to save herself by catching grass and the bricks, which were on the wall of the well. At about 9 P.M. one elder brother-in-law of this victim (Mahendra Mahto) came there along with one Dilip Mahto and seeing the victim to be alive saved her and brought her out. After coming out, the victim sent message to her parents through one Dinesh Mistry.
(3.) On the aforesaid fardbeyan, Mahuwatand P.S. Case no. 44 of 1998 was registered. The police investigated the case and filed charge sheet against the accused. After taking cognizance the case was committed to the Court of Sessions. The charges were framed and the accused pleaded not guilty.;