MALIKA GOPE Vs. STATE OF BIHAR

JUDGEMENT

(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.

(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.