STATE OF KERALA Vs. MARKOSE

JUDGEMENT

(1.) This appeal has been filed by the State challenging the legality of the order of acquittal passed by the Additional Sessions Judge of Mavelikara in Sessions Case No. 12 of 1958. The accused one Dr. Markose was charged for giving false information to the police, offence punishable under S.201 and 203 read with S.114 IPC.

(2.) The case against the accused was that with the intention of screening his son Sunny from punishment for the offence of murder, be gave false information to the police in respect of the occurrence and instigated his servants Pws. 2 and 5 likewise to give false information in a manner calculated to induce the police to believe that Sunnys wife Ammal, committed suicide by shooting herself and that it was not a case of murder.

(3.) Ext. P30 is the case diary statement of the accused taken by Pw. 16 the Circle Inspector of Police & Ext. P37 is the statement given by the accused before the Deputy Superintendent of Police Pw. 17. The two main things stated by the accused in these statements were that he saw Ammal going into the car shed and that he immediately heard a gun shot; and secondly that he went to the car shed and found the revolver lying by her side and removed it. According to the prosecution the accused had deliberately suppressed the fact that the deceased had only followed Sunny into the car shed and that after the gun was fired the accused removed the revolver from Sunnys hands. The charge under S.203 is for instigating Pws. 2 and 5 to give similar statements Exts. P31 and P32 to the Circle Inspector of Police.