JUDGMENT The accused denied the charges and pleaded that the mother of the deceased had been deserted by her husband (father of the deceased) for the past 3 to 4 years and whenever her mother asked the accused persons to send her daughter, they were not sending her on account of her living separately from the father of the deceased, with the result, she was greatly annoyed with the accused Ashok Kumar and his father Chhailbihari. The accused also stated that since the deceased Asha died of chill, her father was called and in the presence of the father of the deceased, the dead body was cremated. The learned Sessions Judge took into consideration the statements of Krishna Bihari (PW 1) and Nandlal (PW 2). Krishna Bihari testified that he had seen the dead body of the deceased in the courtyard and the villagers collected there had brought the dead body out of the house and then it was taken towards the river and it was cremated. Shyam Bihari Pandey (PW 5), Haridas (PW 6), Kamli (PW 7) and Kalyan Prasad (PW 9) also deposed that on learning about the death of Asha, report was lodged at the police station on 9.2.1985. However, Paragudevi (PW 4) has stated that she learnt that Asha had been recently killed. The learned Sessions Judge deduced from the said evidence that there was no evidence to suggest whether Asha had committed suicide. During investigation, also, nothing was found to indicate whether the mode of death was suicide or the death was for any other reason. The learned Judge also took due note of the evidence of Krishna Bihari (PW 1), who resides just 20 yards from the house of the accused and his testimony that he did not learn anything prior to the date of the incident to indicate that Asha was being mal-treated or harassed and on enquiry from the villagers he had learnt that she died of cold. It is, thus, clear that there is no evidence worth the name to suggest that Asha had committed suicide. It is, thus, clear that there is no evidence worth the name to suggest that Asha had committed suicide. Coming to the testimony of Paragudevi (PW 4) the mother of the deceased, and the other witnesses -- Shyam Bihari Pandey (PW 5), Haridas (PW 6) and Kamli (PW 7) to the effect that the deceased had complained of mis-behaviour of the accused persons, the learned Judge observed that, the mother of the deceased, namely, Paragudevi (PW 4) was living separately from her husband for the part four years, was amply borne out from the record and it was also clear that the accused were not sending the deceased Asha to her on account of this fact. Krishna Bihari (PW 1) has also testified that when Asha died, her father was called and the-dead body was cremated with his consent and the fact that her father had reached already before her arrival, has been admitted by Paragudevi (PW 4) also. The learned Judge, therefore rightly concluded that from the evidence, it was not proved that the accused persons were ill-treating the deceased. In view of the finding that there was no evidence that the deceased had committed suicide and further that there was nothing to indicate that the accused Chhailbihari and Ashok Kumar had ill-treated her prior to her death, the learned Sessions Judge has rightly acquitted these accused of the charges under sections 498A and 306 IPC. As regards the charge under section 201, IPC, Krishna Bihari (PW 1) has admitted that villagers had gathered on learning about the death of the deceased and after arrival of the father of the deceased, the dead body was taken for cremation with his consent. Paragudevi (PW 4) has also admitted that her husband had reached the village on the date Asha had died. Section 201, IPC is attracted only when disappearance of the evidence of offence is caused or false information is given respecting the offence. In the present case, since no offence was proved to have been committed, it could not be said that the body was cremated with a view to causing evidence of any offence to disappear or with a view to screen the offender. Acquittal of all accused for offence under section 201, IPC was rightly recorded by the learned Sessions Judge. In the present case, since no offence was proved to have been committed, it could not be said that the body was cremated with a view to causing evidence of any offence to disappear or with a view to screen the offender. Acquittal of all accused for offence under section 201, IPC was rightly recorded by the learned Sessions Judge. Under these circumstances, there appears no merit in the appeal filed by the State against the acquittal of the accused. Coming to the conviction of the appellants Ashok Kumar and Chhailbihari under section 176, IPC it is clear that section 40 (1) (b), CrPC requires also other persons residing in the village to forthwith communicate to the nearest Magistrate or to an officer in charge of the nearest Police Station information respecting the occurrence in or near the said village of any sudden or unnatural death or of any death under suspicious circumstances. From the evidence of the prosecution witnesses, the death had already become notorious in the village and all persons concerned, including the father of the deceased, had been informed. There was nothing to suggest that the death was in any way unnatural or under suspicious circumstances although it was sudden. Under these circumstances, it cannot be said that the information of death was confined to the two appellants alone or that for some oblique purpose or motive, the information was not communicated to the Magistrate or the nearest Police Station. There is also nothing to suggest that the two appellants had any reason harbour an impression that the information must not have reached the police about the death of the deceased when the fact had become known to the entire village. Under these circumstances, merely on account of the omission of the accused Ashok Kumar and Chhailbihari, without there being anything more, it could not be said that there was a wilful breach of the duty cast under section 40(1) (b), CrPC and, therefore, they could not be held guilty of offence under section 176, IPC.