Queen-empress Vs. Lalli

Queen-empress vs Lalli

Type Court Judgment Court Allahabad Decided Dec 31, 1969

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https://sooperkanoon.com/case/456526

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Citation: sooperkanoon.com/456526
Court: Allahabad High Court
Judge: W. Comer Petheram, C.J. and; Brodhurst, J.
Decided On: Dec 31, 1969
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Act XLV of 1860 (Penal Code), Section 201. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Lalli

Legal References

Reported In: (1885)ILR7All749

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.

Full 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.

Same Parties Queen-empress vs Lalli Same Subject Criminal Same Judge W. Comer Petheram, C.J. and; Brodhurst, J.

Criminal no evidence penal code Offence of