MATHUR DHANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant Mathur Dhana who was originally accused 2 in Sessions Case No. 23 of 1955 has been convicted by the learned Sessions Judge-Panch Mahals at Godhra, of an offence under Section 201, Penal Code and has been sentenced to suffer five years' R. I.

(2.) THE charge against the appellant was that on or about 27-3-1955 at Kanod, a village in Lunawada Taluka in the District of Panch Mahals, he and certain other persons with whom we are not concerned in this appeal had, in furtherance of their common intention to commit a murder of Dhula Naran, committed the murder of the said Dhula Naran and had thereby committed an offence under Section 302 read with Section 34, Penal Code. An alternative charge was also framed against the appellant and that charge was that on the same date and in the same village the appellant and others, with whom we are not concerned in this appeal, knowing of having reason to believe that an offence of the murder of Dhula Naran which was punishable with death had been committed, had in furtherance of their common intention caused the evidence of the said offence of murder to disappear by causing the disappearance of the body of the deceased Dhula Naran and that the common intention of the appellant and others in doing so was to screen the offender or offenders from legal punishment. This alternative charge stated that the appellant and others had thereby committed an offence under Section 201 read with Section 34, Penal Code.

(3.) THE learned Sessions Judge, Panch Mahals at Godhra, who heard and decided the case, convicted the appellant (Original accused 2) under the alternative charge under Section 201, Penal Code.