BALAI CHANDRA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appellant Balai Chandra Biswas, who is a Doctor by profession, has been found guilty of an attempt to cause disappearance of evidence by issuing a false certificate regarding the cause of death of Smt. Sabita Banerjee and is accordingly convicted u/Ss. 201 read with 511, I.P.C. and sentenced to undergo one years RI. by the trial Court. The appeal preferred by him was dismissed by the High Court. Hence the present appeal.

(2.) Smt. Sabita Banerjee was the wife of Pronab Banerjee who was living in a rented house at Purulia where he was posted. On 30-6-76 he went to Calcutta where his wife was living who was sick and suffering from chronic illness. She died on 2-7-76. It is alleged that the accused met P.W. 11, as A.S.I. of Police attached to Control Room, Alipore, who was known to him. The accused is alleged to have told P. W. 11 secretly' that his wife had expired during the previous night and requested P.W. 11 to come to his flat after the arrival of the Doctor, namely the accused and to help him in getting a death certificate. P.W. 11 went to the flat of Pronab Banerjee and he felt suspicious about the cause of death of Smt. Sabita Banerjee. However, later the accused also came there as requested and in the presence of P.W. 11, the accused examined her and he just wrote a certificate Ex.P.7 and in that certificate he simply mentioned thus:

(3.) The further case of the prosecution is that during the search of the house of Pronab Banerjee the police recovered another certificate marked as Ex, P. 33 which was in the handwriting of the accused and was written on his letter-head and the same reads as follow's: