Manji Prasad (In Jail) vs State

J.S. Sidhu, J.—This will dispose of two appeal Nos. 1776 and 1836 both of 1980 filed by Manji Prasad and his mother Saraswati Devi respectively before this Court against their convictions u/s 202, I.P.C. recorded on 7.8.80 by Sessions Judge, Ballia and the sentence of rigorous imprisonment for six months awarded to each of them while at the same time acquitting them of the charge u/s 302, I.P.C. read with Section 34, I.P.C.

The prosecution case in nut-shell was that in furtherance of their common intention, both of them had murdered Kamlawati, none other than the wife of the former and daughter-in-law of the latter and thereafter had intentionally omitted to give information respecting the offence.

This appeal must succeed on the short ground that before they can be convicted u/s 202, I.P.C., it has to be proved that an offence was committed. The Apex Court in the case Palvinder Kaur Vs. The State of Punjab (Rup Singh-Caveator), , in a somewhat similar situation had held that before there can be conviction u/s 201, I.P.C., it must first be proved that an offence had been committed. As the accused in that case-Appellants before me had been acquitted u/s 302, I.P.C. read with Section 34, I.P.C. by the Sessions Judge, it has to be held that their convictions and sentence u/s 202, I.P.C. are untenable.

That being so, both the appeals are hereby accepted on this short ground and the convictions and sentence of the Appellants are set aside. They are on bail. Their bail-bonds stand discharged.