V. P. MATHUR, J. ( 1 ) THIS is a matter which concerns the death of one of Rajeshwari, wife of Brij Kishore and daughter-in-law of Basdeo and Smt. Kailasiya which took place in the night between 1st and 2nd of May, 1976 between 12 mid night and early morning hours and a FIR of this occurrence was lodged by Ram Karan Singh, brother of the deceased at 4. 15 p. m. on 2-5-1976 at P. S. Lalabli. Prior to that the village chokidar Mahavir had already given an information vide Ex. Ka-2 at 11. 00 a. m. on 2nd May, 1976. On the basis of information received from Basdeo about the suicide allegedly committed by Smt. Rajeshwari. ( 2 ) BRIEFLY stated the facts of the matter are that Smt. Rajeshwari was married, to Brij Kishore about five years prior to this occurrence and they were childless. There is some mention of the fact in the statement of Brij Kishore that she had once aborted. That may or may not be true but it remains that they had to child. Ram Karan Singh (P. W. 1) who is the first informant of this case was studying in village Rasoolpur which lies within the area of P. S. Lalauli, District Fatehpur in Bans Gopal Higher Secondary School in class IX and according to his testimony, be was living with his sister and brother in law. The evidence shows that because Smt. Rajeshwari had failed to beget any child, Brij Kishore as well as his parents were very unhappy and their relations with Smt. Rajeshwari were strained One day before this occurrence i. e. on 1st May 1976 during the day Smt. Rajeshwari had complained to Ram Karan that her husband had tried to throttle her but he restrained himself on second thoughts. In the night in question i. e. the night between 1st and 2nd of May, 1976 Ram Karan was preparing for his coming examination and was reading outside the house of Brij Kishore under the light of bulb lighted at the house of Bansh Gopal, who is a cousin brother of Brij Kisliore. One Siya Saran of Rasoolpur had also come to meet Ram Karan and obtain his assistance in purchasing some machinery and he was also present nearyby. One Siya Saran of Rasoolpur had also come to meet Ram Karan and obtain his assistance in purchasing some machinery and he was also present nearyby. It is also contended that there was a Kirtan in the village from where Jagdish was returning and he also lay down near Ram Karan on a separate charpai. At about mid night, there was some sort of a noise coming out from the house of the appellants. Ram Karan got up and tried to get the doors opened. He failed in his attempt. Then he approached Bansh Gopal who went to the door of the house and called Brij Kishore and Basdeo by name and ultimately succeeded in getting the doors opened. White Brij Kishore and Bansh Gopal were still talking, it is contended that Ram Karan and Siya Saran entered the house. They saw Smt. Rajeshwari lying in a half conscious state on the ground in the outer room of the house where she used to sleep with her husband Brij Kishore. She told these two persons that on the pretext that it will help her getting pregnant she had been administered three tablets by Brij Kishore. She also gave out that Brij Kishore had given her a beating. Somehow the matter subsided at the instance of Bansh Gopal, Ram Karan and Siya Saran came out. The door of the house was again bolted from inside and Ram Karan started reading again. ( 3 ) EARLY next morning on 2-5-1976 the doors were opened and as usual Ram Karan entered the house and he was startled to see his sister hanging from the peg in the roof trough a rope, the one end of which had been tied to a nail fixed in the all. She was already dead. Ram Karan tried to go to the then to lodge a report but Brij Kishore and basdeo did not allow him to do so and Basdeo gave out that he was already calling the village Chowkidar and asking him to go and lodge a report about suicide by Smt. Rajeshwari. ( 4 ) ULTIMATELY the village Chowkidar was called and was instructed by Basdeo to go to the thana and lodge a report that Rajeshwari had committed suicide. ( 4 ) ULTIMATELY the village Chowkidar was called and was instructed by Basdeo to go to the thana and lodge a report that Rajeshwari had committed suicide. The Chowkidar entered the verandah where the dead body was still hanging by the hook in the roof and then went to the police station and lodged a report at 11 a. m. vide Ex. Ka-2. ( 5 ) RAM Karan was not allowed to leave. He somehow managed to convery information to his other brother-in-law. Ram Singh P. W. 4 who lives in village Sujanpur which is at a distance of 7 furlongs from Rasoolpur. Ram Singh arrived on the spot and was present when on the basis of the report made by the Chokidar. Sri Karan Bhadoriya arrived in the village at 1 p. m. and prepared the inquest memo. When the option of the panches was taken they all showed their suspicion as regards the matter of suicide and Sri Bhadoriya agreed with them. He noted these facts in the inquest memo and sealed the dead body. ( 6 ) ON the report of Ram Karan which was taken down in the thana at 4. 15 p. m. investigation was started by P. W. 7 Ram Kumar Varma, S. O. He took down the statement of the witnesses prepared the site plan and ultimately submitted his chargesheet. ( 7 ) POST mortem examination on the dead body of Smt. Rajeshwari was made by Dr. Abdul Waheed (P. W. 9) Medical Officer. District Hospital, Fatehpur at 11 a. m. on 3-5-1976 Ex. Ka-15 is the post mortem report. The doctor found the face of the deceased bloated and bleeding from her nosy. The following ante mortem injuries were noted :-1. The ligature mark in width over the thyroid cartilage directed oblique upwards following the line of mandible, interrupted at the back, reaching the mastoid process behind the ear. The mark of knot on the right side 1" x 1" with contusion of tissue underneath and fracture of the thyroid cartilage was also present. 2. Abraded contusion 5" x 3" on the front of right side of the chest with fractures of the 2nd and 3rd ribs interiorly in the mid clavicular ling with laceration on the right lung underneath. 3. 2. Abraded contusion 5" x 3" on the front of right side of the chest with fractures of the 2nd and 3rd ribs interiorly in the mid clavicular ling with laceration on the right lung underneath. 3. Abraded contusion 6" x 4" on the front of left side of chest with fracture of 2nd, 3rd and 4th ribs anteriorly in the middle clerical line with lacertation of the left lung underneath. 4. Abraded contusion 2" x 1" on the back of the left hand over the 4th knucle. ( 8 ) THE internal examination revealed that the base of the legature was white glistering and there was fracture of 2nd, 3rd and 4th ribs on the left side and 2nd and 3rd ribs on the ribs side. The pleura was fractured and congested. The right lung and left lung were bath lacerated under injuries Nos. 2 and 3 respectively. The stomach was empty. The small intestine was empty but large intestine was full of faecal matter. In the opinion of the doctor the death was due to shock and hemorrhage and asphyxia due to injuries described above. ( 9 ) ON the basis of the evidence that was adduced before the learned Sessions Judge and which consists of the statements of the eve witnesses Ram Karan Singh, Jagdish and Siya Saran (P. W. 1, 3 and 5) and the circumstances of the case the learned II Addl. District and Sessions Judge. Fatehpur Sri J. S. Misra by his order dated 31-5-78 convicted the appellants under S. 302/34 I. P. C. and S. 201 read with S. 34, I. P. C. and on the first count each one of them was sentenced to imprisonment for life and on the second count to R1 for three years and a fine of Rs. 500/ -. It was further provided that in default of the payment of the fine the defaulter shall undergo four months RI. This appeal is directed against this judgement and order. ( 10 ) THERE can be no dispute as regards the facts that in the night of 1st and 2nd of May, 1976 Smt. Rajeshwari died in circumstances which show that the death was not natural. On the contrary it appears from the entire evidence on the record and especially the medical evidence consisting of the post mortem report and the statement of Dr. On the contrary it appears from the entire evidence on the record and especially the medical evidence consisting of the post mortem report and the statement of Dr. Abdul Waheed (P. W. 9) that it was a case in which she had been given severe beating causing extensive injuries to her chest and then hanged, and also that the beating had resulted in the fracture of her ribs and injuries to the lungs. That this happened during the night is also established from the post mortem examination report which shows that whatever this woman had eaten had all passed out and was present in the large intestines in the form of faecal matter and the stomach and small intestines were both empty. There is the sworn testimony of Ram Karan Singh (P. W. 1) and Jagdish (P. W. 3) to the effect that late in the night at about 12 mid night when Ram Karan was still reading, in preparation for his examination, there was some sort of a noise from inside the house and with the help of Bans Gopal when the door of the house was got opened and Ram Karan and Siya Saran could enter they saw this lady lying badly injured in semi conscious condition on the floor of the room where she had slept along with her husband Brij Kishor. It is in the testimony of the witness Ram Karan that the lady gave out that she had been given a beating by the husband and she had also been made to swallow three pills on-the pretext that they will help her getting pregnant Ram Karan Singh has also said while describing the position of the house that Brij Kishore and Ram Karan used to steep in the outer room where this lady was ultimately found lying injured by him and Siya Saran. It may be mentioned here that in the same house the elder brother of Brij Kishore with his family consisting of his wife and two children also lives in a separate portion. The father and mother namely Basdeo and Smt. Kailasiya also live in the same house. They keep their goods in the western room and sleep in the Angan. There was no doubt left from the post mortem report and the statements of Ram Karan and Siya Saran that Smt. Rajeshwari was severly assaulted and injured to such an extent ? The father and mother namely Basdeo and Smt. Kailasiya also live in the same house. They keep their goods in the western room and sleep in the Angan. There was no doubt left from the post mortem report and the statements of Ram Karan and Siya Saran that Smt. Rajeshwari was severly assaulted and injured to such an extent ? that she had become almost unconscious and then in order to make out a case of suicide by hanging, she was hanged with the help of a rope from the hook in the roof and other end of the rope was tied to a nail in the wall. The rope and the nail had been taken into custody by the Investigation officer when he reached the spot and they have been exhibited; it is clearly not a case of suicide which it was made to be apparent. The lady had first been assaulted and badly injured and then she was hanged, of course while she was skill living. ( 11 ) SO far as Brij Kishore is concerned from the entire testimony of the witnesses and circumstances of the case it is well established that he was responsible for causing injuries to this lady and for hanging her, of course with the help of some one else but who the other person was cannot be ascertained from the evidence on the record. Basdeo and Smt. Kailasiya are aged people the former about 85 years of age and the later about 65 years of age. The elder brother of Brij Kishore also lives in another portion of same house along with his wife; any one of them might have helped him in the process through which the lady was hanged but since it is not possible to come to a definite conclusion as to who helped Brij Kishore in doing so, therefore, so far the charge under S. 302/34. I. P. C. against Basdeo and Smt. Kailasrya is concerned that will be held to have been not proved beyond doubt and they will be entitled to benefit of this doubt. Brij Kishore, however is clearly guilty of the offence under S. 302 read with S. 34, I. P. C. and his conviction on that charge as well as the sentence of imprisonment for life both have got to be upheld. Brij Kishore, however is clearly guilty of the offence under S. 302 read with S. 34, I. P. C. and his conviction on that charge as well as the sentence of imprisonment for life both have got to be upheld. ( 12 ) COMING to the charge under S. 201 read with S. 34, IPC the evidence on the record shows that vide the statement of Chowkidar Mahabir and the admission of Basdeo in his statement under S. 313, Cr. P. C. it was Basdeo who disclosed to the chowkidar that Smt. Rajeshwari had committed suicide by hanging and he directed the chowkidar to go to the thana and lodge. report to that effect. A perusal of Ex. Ka-2 will also show that the report by the chowkidar Mahabir PW 6 lodged in the thana at 4 p. m. on 2-5-76 was also to the same effect. He has clearly mentioned in this report that he was called by Basdeo through one Darji and when he reached there Basdeo gave out that his sons wife had committed suicide by hanging, He took him inside the room and showed the dead body still hanging from the hook in the roof and then came out and then told him to go to the thana and lodge a report that his daughter in law has committed suicide by hanging. The ingredients of an offence under S. 201, I. P. C. are four fold. The first thing that is to be established is that some offence had already been committed. The second thing that is to be proved is that the accused knew or had reason to believe the commission of that offence and the third thing is that with such knowledge or belief he gave an information relating to that offence which he then knew or believed to be false. Fourthly it should be shown that he did so with the intention of screening the offender from legal punishment. All these ingredients are present, so far as Basdeo is concerned in this case. The offence of the murder of Smt. Rajeshwari by Brij Kishore with the assistance of some body else had already taken place and if Basdeo was not one of the participants he at least knew that the lady had been murdered as he was living in the same house. The offence of the murder of Smt. Rajeshwari by Brij Kishore with the assistance of some body else had already taken place and if Basdeo was not one of the participants he at least knew that the lady had been murdered as he was living in the same house. The severe beating given to the lady must have caused enough of noise because she would have been difinitely resisting as appears from the injuries that she had sustained especially on the hand. Then she was hanged and this could not be done without the assistance of some member of the family. Hence it will be reasonable to hold that Basdeo knew or had reason to believe that the offence of the murder had been committed and with that knowledge and belief he directed the Chowkidar to go and lodge a report about suicide by Smt. Rajeshwari a fact which he must be held to have believed to be false. The only reason for all this could be that he wanted to screen the offender namely his son Brij Kishore from legal punishment. There is no evidence to show that Brij Kishore and Kailasiya did anything which may attract S. 201 to their case. We are, therefore, of the opinion that the charge under S. 201 I. P. C is clearly established against Basdeo and that it is not so established against Brij Kishore and Smt. Kailasiya. ( 13 ) THE result will be that on the charge under S. 201, IPC (simpliciter), Basdeos conviction will have to be upheld. This alternation of the charge from S. 201 read with S. 34 to S. 201 (simplicter) will not in any way prejudice the accused-appellant. The facts are the same. The only difference which has now taken place is that in our opinion Brij Kishore and Smt. Kailasiya were not responsible for this offence. They will have co be acquitted of the charge under S. 201/34, IPC. ( 14 ) THE sentence awarded to Basdeo by the learned Sessions Judge, i. e. three years RI and a fine of Rs. 500/- under S. 201, IPC, is, however, reduced to two years RI and a fine of Rs. 500/- and in default of the payment of fine he will undergo three months RI. This reduction is made in view of the age of Basdeo. ( 15 ) THE appeal is therefore, partly allowed. 500/- under S. 201, IPC, is, however, reduced to two years RI and a fine of Rs. 500/- and in default of the payment of fine he will undergo three months RI. This reduction is made in view of the age of Basdeo. ( 15 ) THE appeal is therefore, partly allowed. Brij Kishores conviction and sentence under S. 302 read with S. 34 IPC is upheld and confirmed. He is on bail. He shall surrender and be taken into custody forthwith to serve out the sentence. His conviction as well as that of Smt. Kailasiya under S. 201/34, IPC are set aside. ( 16 ) THE appeal of Basdeo and Smt. Kailasiya against their convication and sentence under S. 302/34, IPC is allowed. They are not found guilty and hence acquitted on this charge, Smt. Kailasiya is on bail. She need not surrender. Her bail bond stands discharged. Basdeo is, however, found guilty under S. 201, IPC and sentenced to 2 years RI and a fine of Rs. 500/-, in default of payment of which he shall undergo further R. 1. for three months. Basdeo will surrender and be taken into custody to serve out his sentence. Appeal partly allowed. .