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Queen-empress Vs. Lalli - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All749
AppellantQueen-empress
RespondentLalli
Excerpt:
act xlv of 1860 (penal code), section 201. - w. comer petheram, c.j. and brodhurst, j.1. in our opinion this conviction must be quashed on the ground that section 201, indian penal code, contemplates concealment or destruction of evidence of a crime. in this case, if the razai had not been concealed or destroyed, its presence or existence would have been no evidence of the murder. again, in our opinion, on the construction of the section, the person who is concerned as a principal cannot be convicted of the secondary offence of concealing evidence of the crime. the conviction must be quashed and the prisoner released.
Judgment:

W. Comer Petheram, C.J. and Brodhurst, J.

1. In our opinion this conviction must be quashed on the ground that Section 201, Indian Penal Code, contemplates concealment or destruction of evidence of a crime. In this case, if the razai had not been concealed or destroyed, its presence or existence would have been no evidence of the murder. Again, in our opinion, on the construction of the section, the person who is concerned as a principal cannot be convicted of the secondary offence of concealing evidence of the crime. The conviction must be quashed and the prisoner released.


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