V L TRESA Vs. STATE OF KERALA

JUDGEMENT

(1.) This Appeal by the grant of special leave is against the judgment and order dated 22nd January, 1991 (reported in 1991 Cri LJ 1920) of the High Court of Kerala confirming the conviction for the offence under Section 201 of the Indian Penal Code though however, the sentence has been reduced to simple imprisonment for one year as against rigorous imprisonment for five years by the learned Sessions Judge.

(2.) The core issue pertains to impediment, if any, to a conviction under Section 201, IPC on acquittal of the main offence The Appellate Bench of the High Court answered it in the negative and confirmed conviction and sentenced as noted above.

(3.) The contextual facts depict that Vincent, the deceased, was a young advocate and his death was suspected to be a murder. After investigation, his wife was indicated for murder and also for giving false information regarding the incident in order to screen herself from punishment. The learned Sessions Judge however acquitted her of the charge of murder but convicted her for the offence under Section 201 of the Indian Penal Code and thus sentenced her to undergo rigorous imprisonemnt for five years and it is this conviction and sentence which were challenged in appeal by the Appellant herein.