9911796707
TMI Blog2003 (9) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... atable to Sections 302, 304B, 498A, but held her guilty for offence punishable under Section 201 IPC and sentenced her to undergo RI for five years. Her brother (hereinafter described as 'accused No. 1 or A-1') was found guilty of offence punishable under Sections 302 and 201 IPC and was sentenced to undergo imprisonment for life and five years respectively. The High Court of Judicature at Bombay, Bench at Nagpur, dealt with the appeals filed by the appellant (hereinafter described as 'accused No. 2 or A-2'). Both the appeals were dismissed. We are informed that the SLP filed by A-1 has also been dismissed by this Court. 2. The accusations which led to trial of both the accused-appellants are essentially as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied to project as if there was a suicide. It analysed in detail the evidence so far as the role of A-1 is concerned. In appeal, unfortunately, the High Court did not deal with Section 201 IPC specifically and even did not discuss the evidence and came to the conclusion that since both the accused persons were present at the relevant time in the house, disappearance of evidence is the act of both the accused. With this observation the appellant A-2's appeal was dismissed. 4. In support of the appeal Mr. U.R. Lalit, learned senior counsel submitted that the ingredients of Section 201 IPC are absent. The charge as framed was that the appellant has caused certain evidence of the said offence (murder of Ushabai) to disappear. Section 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 201 requires is that the accused must have had the intention of screening the offender. To put it differently, the intention to screen the offender, must be the primary and sole object of the accused. The fact that the concealment was likely to have that effect is not sufficient, for Section 201 speaks of intention as distinct from a mere likelihood. 8. Section 201 punishes any person, who knowing that any offence has been committed, destroys the evidence of that offence or gives false information in order to screen the offender from legal punishment. Section 201 is designed to penalize attempts to frustrate the course of justice . 9. Section 201 deals with the following two types of offences:- (1) Where the offender ..... X X X X Extracts X X X X X X X X Extracts X X X X
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