Section 201 of the Indian Penal Code (IPC) makes it an offence to give false information with the intention of screening the offender from legal punishment. The essential ingredients of the offence are: (1) the commission of an offence, (2) that the accused gave information, (3) that that information was false, (4) that the accused knew or believed it to be so; (5) that the accused knew or had reason to believe the commission of the particular offence, and (6) that his intention was to screen the principal offender from legal punishment.

RAMASWAMI, J. : This appeal is preferred against the conviction and sentence by the learned Sessions Judge of Tirunelveli Dn. in S. C. No. 37 of 1958. The accused has been convicted and sentenced to imprisonment for life for the murder of his wife, the deceased Lakshmi.

2. The deceased was the daughter of P. W. 7 and was married to the accused in Vaikasi 1957. The parties were related even before marriage. The accused is the nephew of P. W. 7, being his sisters son. This marriage had unfortunately not proved a success. The accused began to suspect the faithfulness of his wife. A month prior to the occurrence while the accused was an inpatient in the hospital, the deceased went to P. W. 2s house at about dusk time. P. W. 1 got information of it and took with her two other women and went to P. W. 2s house and there they saw P. W. 2 lying on a cot and the deceased sitting by his side and talking. P. W. 1 is a person known to both the accused and the deceased, being a resident of the same place.

P. W. 2 is also a resident of the same place who knows both the accused and the deceased. P. W. 2 was suspected as the person with whom the deceased had an intrigue, P. W. 1 protested and asked the deceased to leave the place. But the deceased refused. The accused after returning from the hospital, assaulted and cut P. W. 2 on account of the latter carrying on an intrigue with the deceased. There was a criminal case against the accused and P. W. 12. The accused has been subsequently convicted by the Additional First Class Magistrate, Tirunelveli.

3. In regard to what happened on the date of occurrence, 8-1-1958, we have got the account given by P. W. 12. On 7-1-1958, at about 12 noon the cutting of P. W. 2 took place. P. W. 12 says that the accused took him saying that they should go and warn P. W. 2, who was carrying on an intrigue with his wife. P. W. 1.2 also says that when he prevented the accused from cutting P. W. E, he sustained an injury on his right thumb. They then went to Thekku Kadu to avoid being arrested and came back to accuseds house at about 10 p. m. and stayed there that night. The deceased was sleeping in a portion of the house. That night when this P. W. 12 woke up, he found the accused and his father missing. They came back at 2 a. m. To P. W. 12s enquiry about their absence, they gave no reply.

4. Then at about 4-30 a. m. the accused woke up the deceased saying that accused, the deceased and P. W. 12 should go to V. K. Puram to avoid being arrested by the police, as apparently by that time information must have been given to the police about the cutting of P. W. 2 by the accused. Though the accused and P. W. 12 alone participated in the cutting, the wife of the accused could also be involved, because she was the cause of that cutting. That is why the accused told his wife to go with him and P. W. 12 and lie low to prevent the police from arresting them and interrogating the deceased, the wife of the accused. While they were going along the road leading to Ambasamudram, they met P. Ws. 4 and 5 to the west of the Nadar rice mill, but they did not enter into any conversation and passed by.

Near Cheranmahadevi they took a cross; country track leading to Manimuthar as the accused said that they could leave the deceased in the sisters house there. It is obvious that the accused must have induced the deceased to lie low in the house of her close relative to avoid being interrogated by the police, which would strengthen the case against him. That track passes through the Kolundumamamlai hills. After proceeding 100 feet through the foot of the hill, accused told P. W. 12 that he wanted to be alone with the deceased for sometime. P. W. 12 thought that they might like to have some conversation in privacy. Therefore, P. W. 12 stayed away at some distance. Five minutes later P. W. 12 heard the cry "Annachi" (which means in these parts, brother).

The deceased used to call P. W. 12 Annachi. He ran there and saw the accused sittin