SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1977 Supreme(Raj) 364

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

The central legal point established in the judgment is the requirement for reliable evidence to prove the essential elements of the offence under section 201 I.P.C., including the accused's knowledge or belief of the commission of the main offence of murder and the intent to screen the offender from legal punishment.

Headnote:

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.

JUDGMENT

1. - This is a jail appeal filed by Mst. Chau against the judgment of the Sessions Judge, Bhilwara, dated 14th March, 1977, by which the appellant was convicted under section 201 I.P.C. and sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/ - , in default of payment of fine to further suffer rigorous imprisonment for six months.

2. The incident that led to the prosecution of the appellant may be briefly stated as follows:-

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.

3. In the opinion of the Doctor, death occurred due to shock, haemorrhage and comma caused by multiple ante-mortem injuries on had and other parts of the body. Gyan Chand then handed over the investigation of this case to Prithvi Singh, Deputy Superintendent of Police. Prithvi Singh arrested Mst. Chau on 23rd July 1976 vide memo of arrest Ex. P. 5. After her arrest Mst. Chau furnished an information to Prithvi Singh, while being under police custody, that she had thrown one leg of the dead body into the waters of Anvali river after tying a stone to the leg. The above information was recorded by Prithvi Singh in a memo Ex. P. 6. Later on, Mst. Chau gave him another information that she had thrown another leg of the dead body into a in well known as 'Mendali'well of village Daulpura after tying a stone to it. This information was also reduced into writing by Prithvi Singh in a memo Ex. P. 7. In pursuance of these information the two legs were recovered. One from the water of Anvali river and another from Mendali well at the instance of the appellant. The two legs were taken into possession by the police in the presence of Motbirs and were sent to Dr. D. M. Das for medical examination. Dr. Das examined the legs and gave the following remarks in respect of each leg:-

1. It was lower li




























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

AI

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top