Shankar Prasad Agrawal vs The State of Bihar

Anjana Prakash, J.—The Appellant is aggrieved with the judgment dated 22.3.1994 passed by the 2nd Additional Sessions Judge, Patna in Sessions Trial No. 209 of 1990, by which he has convicted u/s 203 I.P.C. and sentenced to undergo R.I. for two years.

The fact of the case is that the Appellant was the husband of one Saroj Devi, who was admitted in the Hospital in a burnt condition and later died. The Appellant and his parents were put on trial after the father of Saroj Devi instituted a case u/s 304B I.P.C. and convicted by the present judgment.

The Trial Court held the Appellant guilty u/s 203 I.P.C. for the reason that in the Hospital records the Appellant is said to have given the name of his parents and residence, which was not correct. The Trial Court was of the view that he had given false

information knowing full well that it was not true.

The Counsel for the Appellant submits that no offence u/s 203 I.P.C. would be made out just because the Appellant had given the name of his parents and address as false since this did not come within the definition of "any information respecting that offence which he knew to be false". The further submission is that just because there was another version of the occurrence, which unfortunately could not be proved in a full dressed trial, it did not necessary mean that the Appellant had given false information with regard to the incident.

I find much force in the arguments advanced on behalf of the Appellant. Accepting the same, this appeal is allowed and the order of conviction and sentence against the Appellant dated 22.3.1994 passed by the 2nd Additional Sessions Judge, Patna in Sessions Trial No. 209 of 1990. The Appellant is discharged from the liability of his bail bonds.