B.B.Mangalmurti, J. - (1.) This appeal is directed against the judgment of conviction dated 16th June, 2003 and order of sentence dated 17th June, 2003 passed by 9th Additional Sessions Judge, Hazaribag in Sessions Trial No.288 of 1999 convicting appellant no.1-Ashgar Mian for the offences under Sections 498-A and 306 of the Indian Penal Code and appellant nos. 2 to 4 have been convicted under Section 498-A of the Indian Penal Code.
(2.) The prosecution case in short is that Fardbeyan of Bakruddin was recorded by S.I., A.K. Choudhary, Officer-in-Charge of Barkatha P.S. at village Choubey on 14.01.1999 that he got information from his Samdhi Yusuf Mian at around 05:00 a.m. in the morning of 13.01.1999 that his daughter in law Habijan went somewhere from the house on which he replied that he will search and also requested him to start search. Thereafter he reached village Chaubey on 13.01.1999 at about 14:00 hrs. and found some assemblage of villagers near a well which was situated near the house of his Samdhi. When he reached there he found that dead body of his daughter was floating in the well thereafter he inquired about the incident but his Samdhi did not reply. After some time he returned to his home and in the evening at about 05:00 p.m. he accompanied with some of the villagers namely Jalil Mian, Hamid Ansari and Yakub Ansari again went to village Choubey. The villagers have not taken out the dead body from the well and it was still floating in it. In the nigh of 14.01.1999 when the police reached then the dead body was taken out with the help of a Chowkidar, thereafter necessary formalities were made. He claimed that he had firm belief that death of his daughter has been caused by throttling by the mother-in-law(name not known), father-in-law(Yusuf Mian), sonin-law(Ashgar Mian), elder Nanad and Hadish Mian of village Bariaun by making conspiracy due to non-fulfillment of dowry and a motorcycle and after death they have thrown the body in a well. Thereafter a case was registered as Barkattha P.S. Case No.06 of 1999 dated 14.01.1999 under Sections 304 B/34 of the Indian Penal Code against accused persons.
(3.) After investigation the charge-sheet was submitted under Section 306/34 of the Indian Penal Code. After commitment of the case the charge was framed upon all the four accused persons namely 1.Ashgar Mian, 2.Yusuf Ansari, 3.Hadish Mian and 4. Mahidan Khatoon on 03.02.2000 under Section 306/34 of the Indian Penal Code as well as under Section 304 B/34 of the Indian Penal Code. The prosecution has examined altogether ten witnesses but no evidences have been adduced on behalf of the defence. The line of defence is total denial of offence.;