D.K.SINHA, J. - (1.) BOTH the appeals have arisen out of a common judgment passed by the 3rd Additional Sessions Judge, East Singhbhum, Jamshedpur in ST. No. 413 of 1997 holding all the four appellants guilt for the charges under Sections 498A/34 and 306/34 of the Indian Penal Code and accordingly were convicted and sentenced to undergo rigorous imprisonment for six years and three years respectively under Sections 306/34 and under Sections 498A/34 Indian Penal Code. Both the sentences were directed to run concurrently against them.
(2.) THE appellant Fatik Gope (Cr. Appeal No. 257 of 2000(r)) was released after serving out the entire period of sentence from the prison whereas the other three appellants are on ad -interim bail. The brief fact of the case was that the daughter of the informant Radhamani Gope (since deceased) was married to the appellant Fatik Gope of village Durku and thereafter a female child was born to them. Soon after the marriage it was alleged that the appellants used to abuse and assault and even denied proper food and clothing to her. Whenever the deceased Radhamani Gope used to visit her parental home, she had been narrating the torture and inhuman treatment being perpetrated to her by her mother -in -law, sister -in -law, brother -in -law and the husband and that she was fed up of their behaviour in her matrimonial home. On 13.2.1997 the appellant -husband Fatik Gope came to his matrimonial home and informed the father of the deceased (informant) at about 4.30 p.m. that his wife Radhamani Gope was traceless and that he visited there in search of her. The informant leaving his son -in -law at his home immediately went to the village Durku with the co -villagers in the night and learnt that his daughter was still traceless. He stayed there in the night and in the next morning he came out in search of his daughter with the help of his co -villagers. However, in course of search when he reached near a well situated towards south in the outskirt of the village, he found human excreta floating on the surface of water in the well which caused him suspicious and soon thereafter the village Choukidar called in who brought a Jhaggar. When the Jhaggar (hooks) was dipped in the water the dead body of his daughter Radhamani Gope came on the surface. The police was informed and her body was removed from the well. However, no external injury was found on the dead body. It was alleged that she was constantly tortured and harassed by the appellants and for that she chose to finish her life by committing suicide.
(3.) ON the Fardbeyan of the informant, P.W. 9 Sanatan Gope, the police registered Jadugora P.S. Case No. 016 of 1997 for the offence under Sections 306/34 of the Indian Penal Code against the appellants. The lower court record indicates that charges against the appellants were initially framed for the offence under Sections 498A/34 and under Section 304B of the Indian Penal Code on 14th May, 1998 whereby the appellants were put on trial. But I further find that charge framed under Section 304B of the Indian Penal Code against the appellants was altered by order dated 9.9.1999 into one under Section 306/34 of the Indian Penal Code which was read over and explained to them to which the appellants pleaded not guilty and claimed to be tried.;