Mere removal of a dead body from the scene of a crime does not constitute causing disappearance of evidence under section 201 I.P.C.

1. This appeal is directed against an order of the learned Sessions Judge Mandi and Chamba Sessions Division, convicting and sentencing the appellant, under sections 323 and 201 I. P. C. The case of the prosecution against the appellant, was as follows :

2. The appellant, Birchu Ram, Ramswarup and Rup Lal were employed in the Sutlej-Beas Link Project, at Sundarnagar. The appellant and Mirchu Ram were labourers. Ramswarup was a driller and Rup Lal was a Chaukidar of the store. The appellant, Mirchu Ram and Rup Lal lived in tents at Musahab-Ka-bagh. The appellant and Mirchu Ram were living in one tent, while Rup Lal was living in another adjoining tent. The appellant and Mirchu Ram used to pilfer kerosene oil from the store. Rup Lal used to warn them against their nefarious activity of committing theft. Ramswarup had instigated the appellant and Mirchu Ram to put an end to the life of Rup Lal. He had assured them that he would spend money to save them from any harm and would help them in every way.

3. On the night of the 6th July, 1963, Rup Lal was lying in his bed, in his tent. He had started abusing Mirchu Ram in connection with the stealing of kerosene oil. Mirchu Ram had returned the abuse. The appellant had asked Rup Lal to abstain from abusing. Rup Lal did not desist. The appellant and Mirchu Ram had come out of their tent and had gone to the tent of Rup Lal. The appellant had given a blow with a Danda on the hands of Rup Lal. Mirchu Ram had picked up a shovel from the tent of Rup Lal and had given 5 or 6 blows on the head, resulting in injuries. Rup Lal had become unconscious and had died. The appellant and Mirchu Ram had carried the dead body to a nearby mango tree and had hung it, with a branch of the tree, with a rope round the neck, in order to give the impression that Rup Lal had committed suicide, by hanging himself.

4. Jagdish P. W. 1, was passing by the tent of the appellant on the morning of the 7th July, 1963. The appellant had called out to Jagdish and had pointed out to the dead body of Rup Lal, hanging by the tree. On this, Jagdish had gone to Narotam P. W. 2, President of the Gram Panchayat and had informed him that a man was hanging by the mango tree at Musahab-ka-bagh. Narotam P. W. 2 had sent the Rukka Ex. PD to the S. H. O. Sundernagar, stating that Jagdish had told him that a man was hanging with a branch of the mango tree. S. H. O. Balbir Singh P. W. 19 had arrived on the spot, immediately after. The dead body of Rup Lal was removed from the tree and was sent to the Medical Officer, Sundernagar for post mortem examination. S. H. O. Balbir Singh had taken into possession the blood stained shovel Ex. P-9, the blood stained woolen Pattu Ex. P-6 and the blood stained cotton khesi Ex. P 7 from the tent of Rup Lal. The woollen Pattu Ex. P 6 and the cotton khesi Ex. P 7 had been spread on the bed The appellant and Mirchu Ram were arrested on the 8th July, 1963. The appellant made the statement Ex PG. to the police, stating that he would discover a Danda, concealed in the tent of Rup Lal deceased. In consequence of this statement, the appellant had discovered the Danda Ex P 14 from beneath the heap of implements from the tent of Rup Lal Mirchu Ram had made the statement Ex. PH, stating that he would discover two shirts, which he had concealed in the bushes. In consequence of this statement. Mirchu Ram had discovered shirts Exs. P. 15 and P. 16 from a bush behind the tent. No stains of blood were detected, by the Chemical Examiner, on the Danda Ex. P. 14. The stains on the shirts had disintegrated and their origin could not be determined. The appellant had made a confessional statement Ex. PW. 12/C, on the 17th July, 1963, before Shri Swarupa Nand PW. 12, who was Magistrate First Class, Mandi, at the relevant time. The appellant had admitted, in this statement, that he and Mirchu Ram had inflicted injuries on Rup Lal, who had become unconscious and had hung the dead-body with a branch of the mango tree.

5.