Judgement

Mahajan, J.- These two appeals arise in the following circumstances: One Mokshadamoyee Dassi, mother of Dhirendra Nath Bera, died some time in the evening of 3-9-1949. At the moment of her death Dhirendra Nath was not present at the house. On his return at about 8-30 p. m. he along with some other persons took the dead body to the cremation ground. It appears that Nurul Huda, the appellant in Criminal Appeal No. 27 of 1952, had lodged information at the police station to the effect that Dhirendra Nath had beaten and throttled his mother to death when the funeral pyre was in flames, Nurul Huda along with the appellants in Criminal Appeal No. 26 of 1952 and accompanied by the sub-inspector of police arrived at the cremation ground. The appellants pointed out the dead body and told the sub-inspector that the complainant had killed his mother by throttling her and that there were marks of injury on the body which they could show to the sub-inspector if he caused the body to be brought down from the pyre. At their suggestion the fire was extinguished and the dead body was taken down from the pyre in spite of the protests from the complainant. On an examination of the dead body