Shamim Rahmani Etc. VS. State Of U.P.

Summary

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The appellants were brother and sister and were living in different localities of the city. The sister developed illicit intimacy with the deceased, but finding that he was not giving her exclusive attention, fired a shot at him when he ,came to her house.

On hearing about the incident the brother gave information to the police that his younger brother had told him that he

"did not know how his sister took his (appellant's) gun outside and somehow a fire was shot" and that the bullet hit the deceased who had fallen and was bleeding.

The trial court convicted the sister under s. 302, I.P.C.

The brother was ,charged with an offence under s. 201,

I.P.C. and was convicted and sentenced to three years'

rigorous imprisonment. The High Court affirmed the con- victions but reduced the sentence against the brother to one year.

Dismissing the appeal of the sister and allowing the appeal of the brother,

HELD : All the ingredients necessary to be established for bringing home the charge under s. 201, to the appellant were not proved beyond reasonable doubt. He may have known or may have reason to believe that an offence of murder had been committed by his sister. But the other possibility that he may not have known or may have not reason to believe that the offence of murder had' been committed by his sister could not be ruled out. He may have only suspected. More facts were yet to be known. He did nothing wrong in rushing to the police station and giving the barest information in writing. The prosecution could not unfold that the younger brother had told anything further to the appellant. It was not obligatory or necessary for the appellant to probe the matter any further on the spot before rushing to the police station. [326 GH 327-B-D]

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Extract

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Shamim Rahmani Etc. VS. State Of U.P.

PETITIONER: SHAMIM RAHMANI ETC.

Vs.

RESPONDENT: STATE OF U.P.

DATE OF JUDGMENT28/04/1975

BENCH: UNTWALIA, N.L.

BENCH: UNTWALIA, N.L.

FAZALALI, SYED MURTAZA

CITATION: 1975 AIR 1883 1975 SCR 315 1975 SCC (4) 652

ACT: Penal Code-S. 201-Ascertaining full facts before giving information to police-If obligatory.

JUDGMENT: Criminal Appellate Jurisdiction " Criminal Appeals Nos. 121

-123 of 1973.

Appeal by special leave from the judgment and order dated 10-4-1973 of the Allahabad High Court in Crl. Appeal Nos.

2224 & 2228 of 1969 and Cr. M. P. No. 1547 of 1973.

Yogeshwar Prasad, Keshava Sahai, S. K. Bagga, S. Bagga, Rani Arora and Meena Bhatia, for the appellants.

D. P. Uniyal and O. P. Rana, for the respondent.

The Judgment of the Court was delivered by

UNTWALIA, J., These are three appeals by special leave. One

,of them was directed from some interlocutory order of the High Court and had become infructuous. Mr. Yogeshwar Prasad, learned counsel for the appellants asked us to dismiss that appeal as being infructuous. We accordingly do so. In one of the remaining two appeals ,the appellant is Kumari Shamim Rahmani. She has been convicted 316

under section 302 Indian Penal Code for committing the murder of Dr. Hari Om Gautam, A sentence of life imprisonment has been awarded to her. In the other appeal the appellant is Shri Amir Ahmad Rahmani, elder brother-of Shamim. He is said to have lodged a false information at the Police Station in connection with the said murder with the intention of screening his sister from legal punishment.

He has been convicted under section 201 of the Penal Code.

The Trial Judge imposed a sentence of three years' rigorous imprisonment on him but the High Court has reduced it to o...

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