Judgment D.K. Sinha, J.-Both the appeals have arisen out of a common judgment passed by the 3rd Additional Sessions Judge, East Singhbhum, Jamshedpur in S.T. No. 413 of 1997 holding all the four appellants guilty 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. 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. 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. 4. 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 Section 498N34 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. 5. The learned Sr. Counsel Mr. A.K Kashyap pointed out that before the charge was altered by the trial court all the witnesses were examined on behalf of the prosecution including the material witnesses but the appellants were denied opportunity to further cross-examine the material witnesses viz. P.W. 9 Sanatan Gope, P.W. 10 Jeetan Gope and P.W. 11 Birendra Prasad Singh, Investigating Officer on the amended charge under Section 306/34 of the Indian Penal Code on their recall and for that, the appellants were highly prejudiced. Admittedly P.W. 1 Md. Ali, P.W. 2 Ishaque Ali, P.W. 3 Dulal Acharya, P.W. 4 Dilip Achraya, P.W. 5 Sudhanshu Gope P.W. 6 Gopal Gope and P.W. 8 Surjo Gope were unfavourable to the prosecution and hence they were declared hostile. P.W. 7 Dr. Nawal Kishore Sinha had held autopsy on the dead body of Radhamoni Gope on 15.2.1997 at Ghatsila and found bleeding from her nose, froth from nostrils and her eye lids swollen. Wrinkling of skin was found in the hands and legs of the dead body. The abdomen was also swollen. The lungs were voluminous and the stomach full of muddy water. Wrinkling of skin was found in the hands and legs of the dead body. The abdomen was also swollen. The lungs were voluminous and the stomach full of muddy water. In the expert opinion (P.W.7) cause of death was asphyxia and shock due to drowning within 60 hours of her post mortem examination and such report was proved Ext. 2. 6. The informant Sanatan Gope, P.W.9 testified by corroborating his earlier statement that his daughter was married to the appellant Fatik Gope about two and half years ago and she went to her matrimonial home where she lived peacefully for a few months. But thereafter, her husband, mother-in-law, sister-in-law and brother-in-law started abusing and assaulting her and that whenever she used to visit her parental home, had been narrating her miseries and cruelty being perpetrated to her at their hands and even she was deprived of food and proper clothing. Though a female child was born to her from their wedlock but she died after sometime. The informant further testified that his son-in-law Fatik Gope came and Informed about the missing of his wife who was traceless and pursuant to such information the witness alongwith the co-villagers Dinesh, Tarun, Durlabh and Jiten Gope went to the matrimonial village home of his daughter at Durku where he found the appellant Saru Gope. However, after staying at night in the said village he came out in search of his daughter and during search when he came to the well, situated in the outskirt to the village, alongwith the co-villagers, found human excreta floating on the surface of the water of well which caused him to suspect suspected foul and informed the village Choukidar who came with hooks and when it was dipped in the water, the dead body of Radhamoni Gope emerged at the surface of water in the well. The dead body was removed from the well in presence 01 the police which arrived on information. His fardbeyan (statement) was recorded there by the police (Ext. 3). The dead body was sent to Ghatsila for post mortem examination. He further testified that his daughter committed suicide on being fed up of the torture extended to her by the members of her in-laws. His fardbeyan (statement) was recorded there by the police (Ext. 3). The dead body was sent to Ghatsila for post mortem examination. He further testified that his daughter committed suicide on being fed up of the torture extended to her by the members of her in-laws. In the cross-examination he admitted having made no complain to any authority in respect of torture being extended to his daughter at her matrimonial home at the hands of the appellants. Yet, he was hesitant in replying as to whether his daughter was drowned in the well by some one forcibly or she fell and slipped down in the well. 7. P.W. 10 Jeetan Gope is the brother of the informant and uncle of the deceased whose statement is corroborative in nature to the version of the informant, P.W.9 about the torture being extended to his niece and recovery of her dead body from the well situated in her matrimonial home village, in presence of the police. He asserted by testifying that she committed suicide being fed up of the cruelty being perpetrated by her husband and in-laws. He admitted having not seen as to whether Radhamoni Gope was thrown in the well or she fell and slipped therein. He admitted that no panchayati was held in respect of maltreatment abuse or assault to his niece. 8. P.W. 11 Birendra Prasad Singh is the Investigating Officer of the case who admitted having recorded the Fardbeyan of the informant P.W. 9. He prepared inquest report of the dead body and sent it to Ghatsila for post mortem examination. He inspected the place of occurrence which was popularly known as 'Gora Kuan', about 500 yards away from the matrimonial village of the deceased, towards south at the lonely place. This witness had given boundary of that place by stating that there was a village road at the distance of about 300 yards from the well with vacant space, forest and bushes towards east and west of the said well but nothing material could be found or pointed out in his objective finding in respect of the place of occurrence. 9. The learned Sr. Counsel Mr. A.K. Kashyap submitted that the entire prosecution story including the statement of the informant was based upon the assumption and presumption beyond the actual facts which were brought on the record. 9. The learned Sr. Counsel Mr. A.K. Kashyap submitted that the entire prosecution story including the statement of the informant was based upon the assumption and presumption beyond the actual facts which were brought on the record. It was not a case that Radhamoni Gope was assaulted to death and then thrown in the well. Even there was no allegation of demand of dowry in kind or cash either from her or from parental home. The prosecution miserably failed to produce the genesis of the torture alleged to be perpetrated by the appellants to the deceased at her matrimonial home, if at all there was allegation of torture for the charge under Section 498A of the Indian Penal Code against them. There must be certain cause for extending torture to her and neither the informant P.W.9 nor his brother P.W. 10 came forward in their evidence that for such and such reasons Radhamoni Gope was maltreated by stopping her proper food and clothing. The next point for consideration was that charge against all the four appellants was framed initially under Section 304B IPC though there was no allegation of demand of dowry within seven years of her marriage but the said charge was altered after examination of all the prosecution witnesses taking into account that there was no allegation of demand of dowry but without opportunity to the appellants to cross-examine the prosecution witness who were material in nature in view of alteration of charge as framed under Sections 306/34 of the Indian Penal Code which caused the appellants to be prejudiced. 10. Mr. A.K. Kashyap further submitted that the other important witnesses such as mother and other members of the family in the parental home of the deceased were withheld from the witness box at the instance of the prosecution for the reasons best known to them. Even some of the witnesses who had accompanied the informant and visited the matrimonial home of the deceased were abstained from the witness box. 11. The cause of her death in the opinion of the Doctor P.W.7 Dr. Nawal Kishore Sinha was shock and asphyxia due to drowning, within 60 hours of the post mortem examination which was held on 15.2.1997. No external violence was found as to infer that she was assaulted and then thrown in the well. 11. The cause of her death in the opinion of the Doctor P.W.7 Dr. Nawal Kishore Sinha was shock and asphyxia due to drowning, within 60 hours of the post mortem examination which was held on 15.2.1997. No external violence was found as to infer that she was assaulted and then thrown in the well. When specific question was put to the informant P.W.9 and his brother P.W. 10 i.e. uncle of the deceased, though a presumptive question, they were consistent in reply being not able to say as to whether she was drowned in the well or she slipped inside or thrown therein. Even in case of suicide, alleged to be committed by Radhamoni Gope, the prosecution failed to produce evidence direct nor circumstantial so as to connect the appellants that they abetted and pursuant to such abetment she committed suicide so as to attract the charge under Sections 306/34 of the Indian Penal Code. 12. Section 306 of the Indian Penal Code deals with abetment of suicide which speaks:- "If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." 13. Abetment is defined in Section 107 of the Indian Penal Code which speaks:- Abetment of a thing:-A person abets the doing of a thing, who.- First.-Instigates any person to do that thing; or Secondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or Thirdly.-Intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.-A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or ;attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 14. Explanation 1.-A person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or ;attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. 14. Similarly, abettor is defined in Section 108 of the Indian Penal Code which speaks:- "A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor." 15. Having regard to the facts and circumstances of the case, I find that there is no material evidence on record to show that the appellants abetted the deceased Radhamoni Gope to commit suicide. I further find that the witnesses produced on behalf of the prosecution failed to establish conclusively a direct nexus between the cruelty and suicide committed by the deceased. But in so far as the charge under Sections 498A/34 of the Indian Penal Code, the P.W.9 Sanatan Gope, informant and the P.W. 10 Jeetan Gope were consistent in the evidence that whenever Radhamani Gope used to visit her parental home, she had been narrating her miseries and torture being perpetrated to her by in-laws and the husband to the extent that they used to stop her proper food and clothing and both the witnesses stood to the test of their cross-examination. P.W.9 informant claimed to be the eye witness by testifying that torture was extended to his daughter in his presence which could not be rebutted. 16. In the facts and circumstances and the provisions of law as discussed above, I find and hold that the prosecution failed to bring home the charge under Section 306/34 of the Indian Penal Code against the appellants but at the same time the charge framed under Section 498A/34 of the Indian Penal Code stands proved substantially find from the impugned judgment passed by the 3rd Additional Sessions Judge, Jamshedpur in S.T. No. 413 of 1997 that the appellants were sentenced to undergo imprisonment for three years each for their conviction under Sections 498A/34 of the Indian Penal Code. The appellants were further convicted under Sections 306/34 Indian Penal Code and each of them were sentenced to undergo imprisonment for six years. The appellants were further convicted under Sections 306/34 Indian Penal Code and each of them were sentenced to undergo imprisonment for six years. Yet, in view of the discussions made in the foregoing paragraphs, having been found not guilty on appreciation of the evidence in appeal, all the four appellants are acquitted from the said charge. In other words the prosecution failed to prove charge under Sections 306/34 IPC against any of them to call for conviction in the given circumstances. It is evident that the husband-appellant Fatik Gope has been released from jail after serving out the sentence beyond the period of .three years imprisonment and the other three appellants viz. Malika Gope, Saru Gope and Parbati Gope were admitted to bail during the pendency of the appeals after they had served out certain period of sentence in imprisonment. Having regard to the above facts and circumstances, their conviction under Sections 498A/34 of the Indian Penal Code is upheld and maintained but with the modification in their sentence to the extent of the period already undergone by the appellant Malika Gope, Saru Gope and Parbati Gope. The appellant Fatik Gope has already served out the sentence awarded to him for his conviction under Sections 498A/34 of the Indian Penal Code. 17. With such modification in the sentence both the appeals are allowed in part in the manner indicated above.