Case Note & Summary
The petitioners, A.N. Narayanaswamy and N. Narayanaswamy, were facing trial in C.C. No.1017/2014 on the file of the I Addl. Civil Judge and JMFC, Chikkaballapur, for alleged commission of an offence punishable under Section 201 of the Indian Penal Code, 1860 (IPC). The case of the prosecution was that on 08.06.2013, one Ramanjini committed suicide by hanging in a land belonging to Kempanna of Avalgurki Village. The petitioners, upon seeing the deceased, removed the noose from his neck, shifted him to the nearby Chikkaballapur Government Hospital for treatment, where doctors declared him brought dead. Thereafter, the petitioners took the body to the native place of the deceased, informed his relatives, and in their presence, buried the body on 09.06.2013. The tree used for hanging was cut and removed. Fifteen days later, on 21.06.2013, the police received a complaint from an undisclosed person alleging that the petitioners had destroyed evidence, leading to registration of a case and filing of a charge-sheet. The petitioners filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the entire proceedings. The learned advocate for the petitioners contended that the ingredients of Section 201 IPC were absent in the charge-sheet and annexed documents, and the cognizance taken was without any material to constitute the alleged offence. The learned High Court Government Pleader opposed the petition. The court examined the allegations and found that the petitioners had acted with a humanitarian intent to save the life of the deceased, and there was no allegation that they knew or had reason to believe that an offence had been committed or that they intended to screen the offender. The court held that the essential ingredients of Section 201 IPC were not made out, and continuing the proceedings would be an abuse of process of court. Accordingly, the court allowed the petition and quashed the proceedings in C.C. No.1017/2014.
Headnote
A) Criminal Law - Section 201 IPC - Causing Disappearance of Evidence - Ingredients - The essential ingredients of Section 201 IPC are: (i) knowledge or reason to believe that an offence has been committed; (ii) intention to screen the offender; and (iii) causing disappearance of evidence. In the absence of any allegation that the petitioners knew or had reason to believe that an offence had been committed, and without any intention to screen the offender, the charge under Section 201 IPC is not sustainable. (Paras 4-5) B) Criminal Procedure Code - Section 482 Cr.P.C. - Inherent Powers - Quashing of Proceedings - Where the allegations in the charge-sheet and annexed documents do not make out a prima facie case against the accused, the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash the proceedings to prevent abuse of process of court. (Para 5) C) Criminal Law - Suicide - Removal of Noose and Shifting Body - The petitioners, upon seeing a person who had committed suicide by hanging, removed the noose and shifted the body to a hospital for treatment. These acts, done with a humanitarian intent, do not constitute destruction of evidence under Section 201 IPC. (Paras 2, 5)
Issue of Consideration
Whether the acts of removing the noose from the neck of a deceased person who committed suicide, shifting the body to a hospital, and later burying the body after informing relatives, constitute an offence under Section 201 of the Indian Penal Code, 1860 (IPC) for causing disappearance of evidence of an offence?
Final Decision
The petition is allowed. The proceedings in C.C. No.1017/2014 on the file of I Addl. Civil Judge and JMFC, Chikkaballapur, are quashed.
Law Points
- Section 201 IPC requires knowledge or reason to believe that an offence has been committed and intention to screen the offender
- mere removal of noose and shifting of body after suicide without criminal intent does not attract Section 201 IPC
- quashing under Section 482 Cr.P.C. when no prima facie case is made out
