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Issues Involved:
1. Legality of the term of imprisonment imposed under Section 201 of the Indian Penal Code (IPC). Issue-wise Detailed Analysis: 1. Legality of the Term of Imprisonment Imposed under Section 201 IPC: Background and Convictions: The appellants, three police officers, were initially acquitted by the trial court but later convicted by the High Court of Punjab. Roshan Lal, a Sub-Inspector of Police, was convicted under Sections 330 and 348 IPC for beating and wrongfully confining Raja Ram. All three appellants were also convicted under Section 201 IPC for disposing of Raja Ram's body to destroy evidence of the offences committed against him. The High Court sentenced each appellant to three years of rigorous imprisonment under Section 201 IPC. Contentions of the Appellants: The appellants argued that the sentence under Section 201 IPC was not justified. They contended that the offences actually committed were under Sections 330 and 348 IPC, and therefore, the fourth paragraph of Section 201 IPC applied. Under this paragraph, the sentence could not exceed one-fourth of the longest term of imprisonment for the offences under Sections 330 and 348 IPC, which would be one year and nine months. Contentions of the Respondent State: The State argued that the term of imprisonment under Section 201 IPC should depend on what the accused believed the offence to have been, rather than the actual offence committed. The State contended that the words "the offence" in the third and fourth paragraphs of Section 201 IPC referred to "the offence which he knows or believes to have been committed" as mentioned in the second paragraph. Court's Reasoning and Judgment: The Court analyzed the language of Section 201 IPC and the arguments presented. It noted that there must be an actual offence for evidence of it to be destroyed. The Court found that the appellants knew or believed that an offence of grievous hurt under Section 325 IPC had been committed. The longest term of imprisonment under Section 325 IPC is seven years, and therefore, under the fourth paragraph of Section 201 IPC, the sentence could not exceed one-fourth of that term, which is one year and nine months. The Court concluded that the appellants could not be given a sentence of three years under Section 201 IPC as imposed by the High Court. It reduced the sentence to one year and nine months. Separate Judgment by Bachawat, J.: Bachawat, J. concurred with the reduction of the sentence. He emphasized that Section 201 IPC requires proof of a real offence, and the punishment depends on the gravity of the offence which the accused knew or had reason to believe to have been committed. He rejected the State's contention that the punishment should depend on what the accused believed the offence to have been, even if it was of a higher degree than the actual offence. Bachawat, J. also addressed the issue of whether the appellants could be punished separately for causing the disappearance of evidence of multiple offences. He concluded that while technically possible, it would not be appropriate to award separate punishments for the same act constituting two offences under Section 201 IPC. The appropriate sentence should be based on the more severe offence, which in this case was under Section 330 IPC. Conclusion: The appeal was allowed in part, and the sentences under Section 201 IPC were reduced to rigorous imprisonment for one year and nine months. The judgment under appeal was affirmed in other respects.
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