RAJASTHAN HIGH COURT
Kalyan Dutta Sharma, J.
Chau - Appellant
Versus
The State of Rajasthan - Respondent
S.B. Criminal Jail Appeal No. 180 of 1977. against the judgment of Shri C.S. Goyal, Sessions Judge, Bhilwara, dated 14th March, 1977 in Sessions Case No. 100 of 1976.
Decided On : 5-10-1977
Jail Appeal - Conviction under section 201 I.P.C. - [S. 201, I.P.C.] - The court discussed the essential ingredients of the offence under section 201 I.P.C. and emphasized the need for proof of the commission of the main offence of murder to establish the charge under section 201. The court highlighted the importance of reliable evidence and the necessity to establish the accused's knowledge or belief of the commission of the offence and the intent to screen the offender from legal punishment. The court also referenced the case of Sulaiman Rahiman v. State of Maharashtra, AIR 1968 SC 829 to support its interpretation of the legal provisions.
Fact of the Case:
Mst. Chau was convicted under section 201 I.P.C. for causing disappearance of evidence of murder to screen the offender from legal punishment. The prosecution alleged that she threw the legs of a dead body into a river and a well, but the court found insufficient evidence to establish the guilt.
Finding of the Court:
The court found that the prosecution failed to prove the essential elements of the offence under section 201 I.P.C. beyond reasonable doubt. It emphasized the lack of reliable evidence regarding the identification of the dead body and the accused's knowledge or belief of the murder, leading to the acquittal of Mst. Chau.
Issues: The key issues revolved around the identification of the dead body, the accused's knowledge or belief of the murder, and the intent to screen the offender from legal punishment.
Ratio Decidendi: The court emphasized the importance of reliable evidence and the need to establish the accused's knowledge or belief of the commission of the main offence of murder to prove the charge under section 201 I.P.C.
Final Decision: The appeal was allowed, the conviction and sentence were set aside, and Mst. Chau was acquitted of the offence punishable under section 201 I.P.C.
On 22nd July, 1976, Birdhi Chand Jain, Sarpanch of Gram Panchayat, Sri Nagar, made a report to the police at police-station, Mandalgarh, about dead body of a person lying in the well of village Daulpura. The report was received by Gyan Chand, Head Constable who was incharge of the Police Station, Mandalgarh on that day. On the basis of the report Gyan Chaad incharge of the Police Station, initiated an inquiry into the matter under section 174. Cr.P.C. He proceeded to the well wherein the dead body was lying and in the presence of respectable inhabitants of the village made an investigation after getting the dead body taken out of the well. He drew up a report of the apparent cause of the death describing injuries as were found on the body. The lower parts of the body i.e. lower abdomen with lower limbs were missing as they were slashed out. The report prepared by Gyan Chand in the presence of Motbirs was sent to the Police Station, Mandalgarh, for registering a criminal case. The police registered a case under sections 302 201, I.P.C. on the basis of the said report. On the next day Mathura Das identified the dead body to be that of Siya Rarn Sadku. The dead body was sent to Mandalgarh for post-mortem examination. Mr. D. M. Das conducted an autopsy over the dead-body and found, as many as, following six injuries:-
1. Incised wound (blot out edges) 31/2" x 1/2 x 2⅓ (bone touch) oblique associated with extensive inquiries to deep, underlying structures on the posterior triangle of left side of neck ;
2. Left ear chopped off (no direction is noticeable) with bone slip 2" x 1/4" x ⅓" oblique on the mastoid portion of left temporal bone ;
3. Obliteration of the wound with bone slip 3,1/2" x 1/4" oblique on the squamosal part of left temporal bone slide over 11/4" length squamosal suture ;
4. Incised wound (blot out edges) matted on several unogether 5" x 1" x mouth (mashed bones are outer view) oblique on the left side of face ;
5. Incised wound (blot out edges) 2" x 3/4" x smashed bone, oblique associated with extensive injuries to deep. Underlying structure on the anterior triangle of the right of neck ;
6. Slashed out completely (sharp cutting) irregular horizontally encircling 34" lower abdomen.
1. It was lower li
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