ASHOK KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.