ON Criminal Appeal No 392 of 1974 Appeal by Special Leave from the Judgment and order dated the 25th April 1974 of the Andhra Pradesh High Court in Criminal Appeal No 701 of 1972
P Basi Reddy and G Narasimhulu for the appellant A section Mulla T V section N Chari and P P Rao for the respondent
The Judgment of the Court was delivered by SARKARIA J
This appeal is directed against a judgment of the High Court of Andhra Pradesh converting on appeal by the State the acquittal of the appellants into conviction
Appellant No 1 for short A 1 was an arrack contractor doing liquor business inter alia within the territorial jurisdiction of Police Station Indukurpet District Nellore while Appellant No 2 for short A 2 was a Sub Inspector of Police in charge of this Police Station The appellants and one other person were tried by the Firs Additional Sessions Judge Nellore on charges under ss120 B 366 376 30234 201 218 46834 324 Penal Code relating to the abduction rape and murder etc
Of two sisters named Kalarani and Chandrika Rani of Nellore
The Sessions Judge acquitted the three accused of all the charges
Against the acquittal of the appellants only the State preferred an appeal
The High Court partly allowed the appeal set aside the acquittal on charges 7 8 9 and convicted A 2 and A I under ss 201 201b34 Penal Code and sentenced each of them to five years rigorous imprisonment
A 2 and A 1 were further Convicted under section 218 and 218109 Penal Code and sentenced to two years rigorous imprisonment each
They were also convicted under 605 section 468 and 46834 Penal Code and sentenced to two years rigorous imprisonment each
The sentences on all the counts were directed to run concurrently
Their acquittal on the remaining charges including those of abduction rape and murder was upheld
The facts of the prosecution case as they emerge from the record arc as follows Kalarani and Chandrika Rani deceased were two of the six daughters of PW1 a legal practitioner of Nellore
Kalarani was aged 21 and a graduate from the local Women s College Nellore
She used to be the President of the College Union and as such was well known
Chandrika Rani was aged 17 and a BA student in that very college
on 6 6 1971 in the morning the deceased girls along with their parents and other sisters attended a marriage in the house of a family friend PW2
In the afternoon they went away from the marriage house saying that they were going out to have coca cola
At about 4 pm they boarded a bus bound for Mypaud which is a sea shore resort at a distance of 11 miles from Nellore
At about 540 pm they were seen alighting from the bus as Mypaud and then proceeding towards Sagarvilla a Travellers  Bungalow situated near the seashore
They were last seen at about 6 30 pm
On the seashore by PWs 11 12 13 and 14
Shortly there after PW 18 a rickshaw puller was attracted to the seashore by the outcry of a woman
When be proceeded in hat direction Chandrika Rani came running to him for help
PW 18 saw 4 persons including A 1 and A 2 carrying away Kalarani who was groaning
On seeing PW 18 A 1 and A 2 turned on him
A 1 first slapped and then stabbed PW 18 on his right arm with a pen knife while A 2 gave blows on his back
Out of fright PW 18 took to his heels while Chandrika Rani was dragged away by the appellants
On 6 6 1971 Chamundeshwari Festival was being celebrated in Gangapatnam and neighbouring areas at about 9 pm
It was a bright moonlight On learning that the dead body of a girl had been seen on the beach of Pallipalem which is a hamlet o Gangapatnam many persons went there
PW 23 a fisherman of Pallipalem and PW 25
an employee of the Electricity Department were also among those persons
It was the body of a girl aged about 21 or 22 years of fair complexion and stout built
Blood was oozing from a reddish abrasion on the forehead
There was a gold ring with a red stone on the finger of the body
Next morning PW 23 went to PW 26 the Sarpanch of Gangapatnam and informed the later about the corpse on the seashore
PW 23 and PW 26 then went to the village Karnam PW 27 as they found the village Munsiff absent
The Kamam scribed a report to the dictation of PW 23
The Sarpanch signed it and sent it at about 7 30 am through a bus driver PW 29 to the Police Station Indukurpet
The report was handed over in the Police Station at about 8 30 am to the Head Constable PW 34 as A 2
the Sub Inspector was away
The Head Constable PW 34
read the report and returned it to PW 29 with the objection that the bearer should fetch a report drawn up on the printed form and signed by the village Munsiff
Within a few minutes 606 of the return of the report between 8 30 and 8 45 AM A 2 returned to the Police Station
Just at this juncture PW 49 a Personal Assistant to PW 38 a cine actor of Madras and A 1 arrived there in Car No MSV 1539 driven by a motor driver
The car had met an accident on the 4th June within the jurisdiction of this Police Station
The car was therefore at least theoretically in the custody of the Police
A 1 was a mutual friend of A 2 and of the owner of the car
PW 49 therefore had brought A 1 to the Police Station to help the former in getting the car released
A 1 introduced PW 49 to A 2
A 1 then asked A 2 if he knew that the dead body of a girl was found floating on the sea shore
A 2 then asked the head Constable PW 34 if any report regarding the dead body was received
The Head Constable replied that a report from the Sarpanch about the dead body seen on the sea shore at Pallipalem had been received but had been returned as it was not from the village Munsiff
A 2 said some person might have drowned as it usually happened on the seashore
The Head Constable and A 1 told A 2 that the body found on the shore was said to have been wearing drawers and might be of a person of high class family
A 2 said that he himself would go and enquire about it
A 2 asked PW4 to take him in his car to the spot
Thereupon A 1 A 2 PW 49 two constables and two others in addition to the driver proceeded in the car
After going some distance the two others got down
A 1 and A 2 had a talk with them
The car was then taken to Ramudupalem
There at about 1130 AM A 1 and A 2 met the Sarpanch PW 26 and asked him to follow them to Pallipalem
The car was then taken to Gangapatnam
There the Constables were dropped
They left a message for the Karnam of the village to reach Pallipalem
Thereafter they proceeded to the sea shore of Pallipalem
The car was left at the canal before the sea
A 2 A 1 PW 49 and PW 26 then at about Noon went to the beach where the dead body lay
PW 23 and PW 25 were guarding the deadbody
It was the body of a fair stout girl aged about 20 years who was wearing brassiers blouse striped drawers and a white petticoat
PW 23 handed over the ring MO9 to A 2 after removing the same from the body
On being directed by A 2 PW 23 washed  the face of the corpse
There was a mark on the forehead from which blood was oozing out
There was a reddish abrasion on the thigh and blood marks on the drawer of the dead body
On seeing the blood marks on the drawer A 2 said that she might be in menses
A 2 further remarked that the body appeared to be of a girl from a high class family who had been out of doors
A 2 did not hold any inquest there on the dead body
He did not prepare any record there
He directed the village vettis menials to bury the dead body forthwith while he himself proceeded along with his companions towards the village
In the distance they saw the Constables coming towards them
A 2 signalled them not to come near the dead body but to proceed to the Travellers  Bungalow at Mypad while A 2 and party went to Mahalaxamma Tample in village Pallipalem
There A 2 607 secured the signature of PW 25 PW 26 PW 28 and A 1 on a blank sheet of paper
A 2 and his companions then went to the car
The Karnam PW 27 was there
A 2 reproached the Karnam for coming late and added that he had finished all the work for which he Karnam had been sent for
He further told the Karnam that he had got the body buried
The karnam asked as to why A 2 did not send the body for post mortem examination A 2 replied that the body was of a prostitute who had committed suicide and that he did not suspect any foul play and so he ordered burial The Karnam then enquired if any relation of the deceased had come
A 1 replied yes while A 2 pointed towards PW 49 and said that he was the person connected with the deceased
A 1 A 2 PW 26 PW 27 and P W 49 then got into the car and proceeded
PWs 26 and 27 were dropped near their houses
On the way PW 49 asked A 2 as to why he had represented him PW 49 as a relation of the deceased
A 2 assured PW 49 that there was nothing to worry
According to the prosecution this dead body found ashore near Pallipalem which is about 2 miles from Mypad was of Kala Rani deceased who was well known to A 2
Inspite of it in the inquest report Ex P 11 which was not prepared on the spot but sometime later A 2 wrote That the body was of a prostitute named Koppolo Vijaya daughter of Crhandravya Baliya by caste of Ongole Town who had on 6671 come to Mypad along with her prostitute friend Nirmala by Bus APN 1400 at 545 PM and thereafter both these girls committed suicide by entering sea at about 630 PM A 2 ended the report with an emphatic note It is conclusive that the deceased Koppulu Vijaya died due to drowning
Despite the presence of injuries noticed on the dead body A 2 recorded There are no injuries on the dead body
In order to support his version as to the cause of death A 2 according to the prosecution falsely noted that the stomach is bloated due to drinking of water
The prosecution case further is that A 2 fabricated some time after the burial of the deadbody a false report Ex
P 25 purporting to have been made to him on 761971 by one Nuthalapati Subba Rao who despite the best efforts of the investigators has remained untraced and is believed to be a fictitious person
As this report has an important bearing on the points for determination we will reproduce it in extenso Statement of Nuthalapati Subbarao son of Venkateswarlu aged about 30 years Vysya of Patha Guntur Being an orphan for about 1 years I have been doing brokerage in supplying extras in the cine field
Day before yesterday ie On Friday at Chirala near Lodges two girls Koppulu Vijaya do Sundrayya of Ongole and Paranjapi Nirmala do Raghavayya of Chilakaluripeta were met by me
I came to know that they live by prostitution
When I told them that I would join them in Cinema they believed me 608 and came with me
On Sunday ie On 6 6 1971 in the morning we came to Nellore and stayed in Venkateswara Lodge till 330 pm
Their demand came for the girls
I booked two males for these two girls
Afterwards dispute arose between me and the girls in respect of my broekerage sharing of the money got by such prostitution out of the money collected
They scolded me in an angry tone and went away crying and weeping and saying that I took them away from their places promising to join them in Cinema cheated them and committed rowdyism without giving them money due to them
They had only wearing apparel with them
Vijaya is short stout and fair
Nirmala is lean tall and fair
They did not come back
I waited for a long time
1 searched for them at the railway station bus stand and lodges
When I was inquiring at Atmakur Bus Stand I came to know that the girls went by Mypaud bus at 430 pm
I went to Mypaud and enquired
It was learnt that the two girls went towards north of Pattapulalem and entered the sea at 6 pm
Having learnt that the body of Vijaya was washed ashore I went and saw the dead body
She had died and appears to have committed suicide
It was also learnt that the second girl also committed suicide but her dead body was not washed ashore
Other facts about them are not known
Sd N Subbarao Taken down by me read over to the person and admitted by him to be correct
On this 7th day of June 1971 at 11 30
Sd B Manoharan SI E 3 dt 7 6 1971
HC 1212 Issue FIR us 174 Cr
PC and send copy to me for investigation
Sd B Manoharan SI E 3 Camp Mypaud dt
7 6 1971
 The dead body of the other girl Chandrika Rani was not washed ashore
But in the morning of 7 6 1971 PW 36 a fisherman saw the dead body of a girl agled 16 or 17 years floating in the sea at a distance of about 21 or 3 mils from Pallipalem PW 36 saw a piercing wound on the left arm and black marks indicating throttling on the neck of the deadbody
PW 36 removed a wrist watch a ring and an ear ring from the deadbody and allowed it to drift away
These articles were later handed over by PW 36 to the investigating officer and were identified to be of Chandrika Rani
The disappearance of the deceased girls caused a sensation
The local newspapers took up the matter
Representations were made to the Home Minister to get the matter investigated by the CID The Superintendent of Police directed PW 59 a Probationer DSP to investigate the matter
On 18 6 1971 at the request of PW 59 the Tehsildar PW 40 proceeded to exhume the deadbody of Kalarani
The place was pointed out by PW 33
A 2 was also present there
On digging the bit only some clothes were found in it
But close to 609 it was found a skeleton
No marks of violence were detected on the skeleton by the Medical officer PW 45 who examined it at the spot
The skeleton was sent to PW 44 Professor of Forensic Medicine
Who opined that it was of a female aged between 18 to 25 years
Further investigation of the case was taken over by PW 60 the CID Inspector who after completing it laid the charge sheet against A 1 A 2 and one other person in the court of the Magistrate
A 1 pleaded that he had been falsely implicated
He stated that he knew nothing about the deceased girls
He added that on 7 6 1971 he was in the Travellers  Bungalow at Mypad and went away from that place in the afternoon
He admitted that he had accompanied PW 49 to the Police Station on 7 6 1971 to assist the latter in getting the car release and from the Police Station both of them A 1 and PW 49 on being asked by A 2 went with the latter in the car to the spot
He further admitted that he had slab signed on a sheet of paper like others but he expressed ignorance if any inquest was held by A 2
The plea of A 2 was that he had duly made an inquiry as to the cause of the death and prepared the inquest report exhibit P l 1
He denied that there were injuries on the dead body
Pleading alibi for the 5th and 6th June 1971 he said that on these dates he was away on casual leave to attend the marriage of a cousin at Chiraja which at a distance of about 100 miles from Indukurpet
He said that he had proceeded to Chiraja in a car on the 5th morning and after attending the marriage returned to Nellore on the 6th by 5 30 pm and then on the morning of the 7th June resumed duty at Indukurpet Police Station
On receiving information about the corpse of a female washed ashore he went to Mypad and enquired about a person named Nathalapati Subba Rao
The latter gave the information exhibit P25 which he A 2 reduced into writing and then held the inquest in the presence of this Subba Rao and other Panchaitdars at the spot
He did not know if Vijaya and Nirmala mentioned in exhibit P 25 and exhibit P 11 were fictitious persons
He further admitted that he was unable to produce this Subba Rao in response to the memo dated 15 6 1971 issued by the DSP PW 59 during the stipulated time of 48 hours
The Additional Sessions Judge held that the dead bodies found floating near the sea shore were of Kala Rani and Chandrika Rani
He further found that PW 18 who claimed to be an eye witness of the occurrence was not worthy of credit and consequently the charges of abduction rape and murder had not been proved against the accused
Regarding the charge under section 201 Penal Code the trial Judge held that the prosecution had failed toprove that an offence had been committed in respect of the deceased
While holding that the identity of the deceased was wrongly mentioned in exhibit P 25 and exhibit P 11 as Vijaya and Nirmala prostitutes he did not rule out the possibility of suicide
In the result he acquitted the accused of all the charges
In appeal by the State the learned Judge of the High Court after an exhaustive survey of the evidence upheld the acquittal of the 610 accused in respect of the charge of abduction rap and murder but reversed the findings of the trial Judge in regard to the charges under sections 201 218 and 468 Penal Code against Al and A2
In order to bring home an offence under section 201 Penal Code the prosecution has to prove 1 that an offence has been committed 2 that the accused knew or had reason to believe the com mission of such offence 3 that with such knowledge or belief he a caused any evidence of the commission of that offence to disappear or b gave any information respecting that offence which he then knew or believed to be false 4 that he did so as aforesaid with the intention of screening the offender from legal punishment 5 If the charge be of an aggravated form as in the present case it must be proved further that the offence in respect of which the accused did as in 3 and 4 was punish able with death or with imprisonment for life or imprisonment extending to ten years
The High Court has found that all these ingredients of section 201 were established in the present case
Mr Basi Reddy learned Counsel for the appellant assails the finding of the High Court with particular reference to the first and the last ingredients enumerated above
Counsel contends that the conviction under section 201 cannot be sustained as there is no credible evidence on record to show that an offence had been committed
It is maintained that the prosecution has been unable to prove that the two girls met a homicidal death
In all probability proceeds the argument the deceased girls committed suicide by jumping into the sea and were drowned
For reasons that follow we are unable to accept these contetions
The concurrent finding of the courts below that the dead body washed ashore near Pallipalem was of Kala Rani deceased and that seer
floating in the sea two miles away was of Chandrika Rani deceased has not been disputed before us
It is also not controverted that these two girls died an unnatural death on the night between the 6th and 7th of June 1971 sometime after 630 PM at Mypad
Only the cause of their death is in issue
In regard to such cause there could be only three possibilities the choice of any of which would lead to the exclusion of the other two
First the girls committed suicide by drowning
Second that their deaths were accidental
Third that they were done to death by some person or persons
611 After a careful consideration of these alternatives in the light of  evidence on record the learned Judges of the High Court firmly ruled out the first and the second possibilities and concluded in favour of the third
In our opinion the credible circumstantial evidence on record reinforced by the inferences available from the incriminating conduct o   the appellants particularly of A2 in deliberately preparing false records to suppress the identity and cause of the deaths of the deceased girls fully justifies the conclusion reached by the learned judges
We therefore do not feel the necessity of embarking upon a reappraisal of the entire evidence
It would be sufficient to survey and consider the salient circumstances bearing on the alternatives posed above First we take up the possibility of suicide
Mr Reddy submits with reference to the statement of PW1 the father of the deceased girls
that on a previous occasion both these girls had without the permission of their parents run away from home and were ultimately traced to the Rescue Home in Madras
that Kala Rani deceased had about 4 or 5 years before the occurrence taken an overdone of tranquilizers presumably to end her life that they did not feel happy in their parental house and once attempted to join the Ashram
This background according to the learned Counsel shows that the deceased had a predisposition to commit suicide
In the alternative suggests Mr Reddy something might have happened at Mypad on the 6th June 1971 which impelled them to commit suicide
Might be the girls got themselves into such a situation that they thought suicide was the only course left to them to get out of the same
We are not impressed by these arguments
It is wrong to assume that these girls were very unhappy in their parental house or their relations with their parents were estranged
Kala Rani particularly was a mature graduate girl of 22 years
She used to be the leader of the College Union
On the day of occurrence the deceased girls along with their parents and sisters had participated in the festivities of a marriage in the house of a family friend
They took their meals in the marriage house
From Nellore these girls brought change of clothes for two or three days  stay
Thereafter they came happily to Mypad
They first went to the Travellers  Bungalow and were then last seen together at about 6 30 pm
On the sea shore
It is in evidence that the evening of the 6th June was an occasion of Channdamma Festival
Procession of the deity accompanied by festivities was being taken out by the devotees of the neighbouring villages
These circumstances unmistakably show that the diseased girls had come to enjoy and stay at the sea side resort of Mypad for 2 or 3 days
They were not suffering from any mental depression or schizophrenia with suicidal tendencies 
Another circumstance in the case of Kala Rani which is contraindicative of suicide is that her dead body though seen within an hour or two of the occurrence on the beach was in a semi nude condition
612 The sari was not on her dead body which she was wearing when last seen at about 6 3 PM
It can be argued that the sari was washed off her body by the sea waves
But considering that her dead body was detected only within a couple of hours of the occurrence and the fact that it is customary for women living in or near the coastal towns to tie their series tightly the possibility of the sari having been swept off by the sea waves was remote
The inference is that in all probability she was not wearing this sari when her body was immersed in water
Ordinarily no Indian woman would commit suicide by jumping into the sea by getting into such a near nude condition and thereby expose her body to the risk of post mortem indignity
Another important circumstance which militates against the suggestion of the death of Kala Rani from drowning is that when the body was first seen at 9 PM its stomach was not in a bloated condition for was any froth seen coming out of the mouth of the corpse
the fact was vouched by PW 23 a fisherman who was rightly found worthy of credence by the High Court
It may be added that contrary to what PW 23 has testified A 2 has in the inquest report said that the stomach was bloated with water and froth was coming out of the mouth
But as shall be presently discussed these notes regarding the condition of the dead body were invented by A2 to support his false report that the deceased had committed suicide and her death was from drowning
Medical jurisprudence tells us that in a case of death from drowning the stomach is ordinarily found bloated with air and water which is instinctively swallowed by the drowning person during the struggle for life see Taylor s Medical Jurisprudence 12th Edn
374 375
The facts that the stomach was not filled with water and bloated and no froth was coming out of the mouth of the deceased are important symptoms which to a long way to exclude the possibility of death being as a result of suicide by drowning
Then there were injuries and blood marks on the dead body
PWs 23 25 26 and 27 all testified with one voice that they had seen one injury from which blood was oozing out on the forehead another on the thigh and blood marks on the drawer under garment of the deceased
In examination in chief even PW 49 who in cross examination tried to dilute his version in a possible attempt to favour A2 stated that he had seen a reddish strain stain  on the forehead and blood marks on the drawer of the deceased
Out of these PWs 23 25 and 26 were present near the dead body when A2 accompanied by Al and PW 49 went there to hold the presence of an inquest
PW 23 was a fisherman of Pallipalem PW 25 was also a resident of the same hamlet
He was an employee of the Electricity Department
PW 27 was the Karnam of Gangapatnam
PWs 23 and 25 were among those villagers who had seen the deadbody washed ashore at about 9 PM
On 6 6 71
The High Court found that the version of these witnesses in regard to the injuries and blood marks on the deadbody was entirely reliable
No reason has been shown why we should take a different view of their evidence
613 It is further in the evidence of PWs
23 25 26 and 49 that when the blood marks on the drawer pointed out to A2 the latter ignored it saying that the girl had been out of doors and was in menstruation
Contrary to what he and the PWs
had observed at the spot A2 wrote in the inquest report P 11 Col VII There are no injuries on the dead body
Having excluded the possibility of suicide we may now consider
whether the deaths of these girls were accidental
It is no body s case that on the 6th June 1971 any sea craft vessel or boat met with an accident off or near about Mypad resulting in loss of human life
No suggestion of accidental death of any person much less a women off or
On the sea share near or far from Pallipalem was put to any of the prosecution witnesses
Nor such a plea has been put forward by the accused in their statements recorded under section 342 Cr
PC Indeed tie learned Counsel for the appellants has not pursued any such line of argument
We have therefore no hesitation in negating the possibility of accidental death
This process of elimination inevitably leads us to the conclusion that in all probability the death of these girls at any rate of Kala Rani was due to culpable homicide
Now we come to the last but the most telling circumstance which not only confirms this conclusion and puts it beyond doubt but also
unerringly establishes by inference the other ingredients of the offence including that the accused knew or had reason to believe that culpable homicide of Kala Rani had been committed
This circumstance is the conduct of A2 in intentionally preparing false records and its abetment by A1
From its very start the investigation conducted by A2 was dishonest and fraudulent
He intentionally indulged in suppressio veri and suggestio falsi at every step
He had been informed by the Head Constable PW 34 at about 8 or 8 45 AM in the Police Station that a report from the Sarpanch had been received about the dead body of a girl bearing injuries found washed ashore near Pallipalem
This in formation which was passed on to A 2 and on receiving which he proceeded from the Police Station for investigation was the real IR
It was the duty of A 2 to enter faithfully and truly the substance of this information in the Station Diary and to record further that he was proceeding for investigation on the basis thereof
Instead of doing so he intentionally suppressed the factum and substance of this first information and the real purpose of his departure from the Police Station in the records prepared by him or by his subordinates in his immediate presence or under his supervision
Instead of retrieving the written report that had been first received at 8 AM in the Police Station and was returned by the Head Constable to the Sarpanch he fabricated the document exhibit P 25 purporting to be the FIR given to him at Mypad by one N Subba Rao
The false story contained in this document has been substantially repeated in the inquest report exhibit P 25
614 PWs 23 25 27 and 49 discount the presence of any such person named N Subba Rao either at the inspection of the dead body in the sea shore by A 2 or at the Temple where according to A 2 he prepared the inquest report
None of these PWs has sworn that a statement of any N Subba Rao was recorded in their presence by A 2
No specific question was put by the defense to PW 49 in cross examination to establish that the report exhibit P 25 was scribed by A2 at Mypad at about 1130 to the dictation of N Subba Rao or any other person although the witness was generally questioned as to the number of persons carried in the car
P W 27 the Karnam has definitely excluded the presence of any informant named Subba Rao
PW 27 testified that after the inquest Al A2 PW 26 and a new person implying PW 49 met him and thereafter all the five including PW 27 got into the car and proceeded to the village
PW 27 did not vouch the presence of a sixth man in the car
Only PW 26 has stated that R2 had recorded the statements of witnesses including that of a per son named N Subba Rao
PW 26 had reason to tell a lie on this point
PW 26 admitted that at the time of the inquest he was an accused in a criminal case of Indukurpet Police Station
A2 was at the material time In charge of that Police Station and was presumably concerned with the investigation of that case against PW 26
PW 26 therefore appears to have deviated from truth in regard to the presence of N Subba Rao under the influence of the accused
In any case the evidence of PW 26 on this point stands contradicted by the reliable testimony of PWs 23 25 27 and 49
In the inquest report as also in exhibit P 25 the address of this mysterious person is recorded as Nuthalapatti Subba Rao son of Venkateswarlu aged about 37 years Vysya of Patha Guntur Despite efforts the investigating officers PWs 59 and 60 could not trace on the basis of this address any person bearing the said particulars at Pata Guntur or anywhere else in the District
In response to the memo issued by the DSP PW 59 A 2 could neither produce this N Subba Rao nor give any indication about his existence though A2 claimed to have known him
For these reasons the High Court was right in holding that this Nathalapatti Subba Rao was a fictitious person of A2 s imagination
Similarly during investigation all efforts made by PWs 59 and 60 to trace and find if Vijay and Nirmala prostitutes represented in exhibit P 25 and exhibit P 11 as the deceased persons ever existed in flesh and blood remained futile
In these premises the High Court was right in concluding that Vijaya and Nirmala prostitutes were also the coinage of the brain of A2
It is necessary to say something more about exhibit P 25 because the entire story was spun around it by A 2
It did not see the light of the day till the 11th June
A 2 did not send it to the Police Station for registration before that date
It is in the evidence of P W 55 who at the material time was a Head Constable posted in this Police Station that after his departure in the morning of the 7th A 2 returned to the Police Station on the 10th evening and it was then that he handed over this document to the witness with the direction that the latter should enter that report in the relevant register dating it as the 7th June 1971
The Head Constable after slight hesitation 615 agreed and inserted this report in the blank space meant for the entries of the 7th June and thereafter as required by A2 handed over to the latter a copy of that report
A 2 also made an entry exhibit P 34 in the General Diary of the Police Station dated 1061971 on 1161971 at 2 AM
It reads Returned to PS after leaving it on 7671 at 930 am visited Mypadu en route to Gangapatnam at 11 00 hours at 11 30 am recorded statement of N Subba Rao sent to Police Station for issuing First Information Report u sec
174 Cr
PC then visited Pallipalem at 12 30 pm investigated held inquest over dead body of K Vijaya
At 20 30 pm left village reached Mypadu at 2130 hours made enquiries in Cr 4871 and halted
On 9671 visited Gangapatnam detailed duties for bandobust and visited Ravur investigated into Cr 4771 visited Nellore at 12 30 hours did bandobust for festival and halted for the night
On 9671 visited Mypadu for petition enquiry and investigated into Cr 4871 4142 and 4471 and hailed
On 10 6 71 visited Gangapatnam supervised and did bandobust for car festival at 00 30 hours received First Information Reports in Cr 49 to 5171 at 00 45 hours left the village with men and reached Police Station
 A mere glance at this report betrays its falsity
This shows how in his anxiety to suppress the truth he tried to reinforce and cover up one falsehood with another
In this connection it may be noted that the DSP persistently pressed A 2 to send the copies of the FIR and the Inquest Report
A 2 was unable to supply any copy of the FIR before the 12th of June when the DSP himself came to the Police Station and collected it
The DSP PW 59 testified that on the 11th June 1971 he had questioned A 2 about the First Information Report and the inquest report
As a result he received a copy of the FIR
On the 12th but did not receive any copy of the inquest report
Consequently on 14671 he telephoned to A2 to send the case diaries and inquest report without further delay
Despite these efforts the DSP did not receive whose records on that day
on 15671 he issued a memo
to A 2 directing the latter to produce immediately the complaint of N Subba Rao the inquest report and the case diaries
It was only then that A2 produced the persistently requisitioned records
These inordinate delays in sending the records prepared by A2 confirm the testimony of PWs 23 25 and 49 that no inquest on the dead body was held at the spot nor was the inquest report or any other record prepared there and then and that their signatures were obtained by A2 on a blank sheet of paper
Of course PW 26 stated that A2 had recorded statements of witnesses and had prepared the inquest report at the Temple
As already noticed it is not prudent to accept this version of PW 26
He had a motive to favour A2
Moreover his version stands inferentially falsified by the circumstances including the unusual delay in registering the report exhibit P 25 in the Police Station and in sending the copies of the records to the DSP 616 Section 174 CrPC peremptorily requires that the officer holding an inquest on a deadbody should do so at the spot
This mandate is conveyed by the word there occurring in sec
1741
Sub section 3 of the Section further requires the officer holding the inquest to forward the body with a view to its being examined by the medical man appointed by the State Government in this behalf if the state of the weather and the distance admit of its being so forwarded without risk of such purification on the road as would render such examination useless
The sub section gives a discretion to the Police officer not to send the body for post mortem examination by the medical officer only in
One case namely where there can be no doubt as to the cause of the death
This discretion however is to be exercised prudently and honestly
Could it be said in the circumstances of the case that there was no doubt as to the death of Kala Rani being from drowning  In this connection it is important to note that Kala Rani was not a total stranger to A 2
It is in evidence that A 2 used to go to Nellore for Bandobust and there he had sufficient opportunity to come across Kala Rani who was a prominent student leader
The testimony of PW 47 is to the effect that when on 1771971 A2 came to him and requested the witness to dissuade the father of the deceased from getting the dead body exhumed he A2 admitted that Kala Rani deceased was well known to him The body was not in an unidentifiable condition
A 2 therefore could he under no mistake that it was the body of Kalarani deceased particularly when he inspected it after its face had been washed by PW 23 under the orders of A 2
Despite such knowledge he laid a false trail and prepared false record mentioning that the deadbody was of a prostitute named Vijaya
Medical jurists have warned that in the case of a deadbody found floating in water the medical man from a mere observance of the external condition of the body should not jump to the conclusion that the death was from drowning
Only internal examination of the body can reveal symptoms which may indicate with certainty as to whether the death was from drowning or from
unlawful violence before the body was immersed in water
That is what Taylor the renowned medical jurist has said on the point When a deadbody is thrown into the water
and has remained there sometimes water
fine particles of sand mud
weeds etc
may pass through the windpipe into the large air tubes
In these circumstances however water rarely penetrates into the smaller bronchi and alveoli as it may by aspiration and even the amount which passes through the glottis is small
If immersed after death the water is found only in the larger air tubes and is unaccompanied by mucous froth
Water with suspended matters can penetrate even to the distant air tubes in the very smallest quantity even when not actively inhaled by respiratory efforts during life The quality or nature of the suspended matter may be of critical importanceWhen decomposition is advanced the lungs 617 may be so putrefied as to preclude any opinion as to drowning but the demonstration of diatoms in distant parts of the body inaccessible except to circulatory blood provides strong evidence of immersion in life if not of death from drowning emphasis supplied A2 was a Police officer of standing and experience
He knew the deceased
He saw injuries on her deadbody
He must have known if he were honest that in the circumstances of the case autopsy of the deadbody by a medical officer was a must to ascertain the cause of her death
Instead of sending the deadbody for post mortem examination he in indecent haste purposely got it buried without holding any inquest at the spot
He did not send for the relations of the deceased
Even a layman like the Karnam PW 27 felt something strangely amiss in this conduct of A2
In response to the queries made by the Karnam A2 made false excuses
He intentionally misrepresented in concert with A1 that PW 49 was a relation of the deceased
He flouted all the salutary requirements of section conduct in distorting and suppressing material evidence and in preparing false records exhibit P 11 and P 25 as to the identity of the deadbody the cause of the death and the falsification of the data bearing on that cause could not be explained on any reasonable hypothesis save that of his guilt
The circumstances established in this case unmistakably and irresistably point to the conclusion that within all human probability accused No 2 knew or had reasons to believe that Kala Rani had been done to death by some person or persons
All the elements of the charge under section 201 had thus been proved to the hilt against him
Before considering the case of Al we may notice here the decision of this Court in Palvinder Kaur vs State of Punjab1
This decision was cited by the learned Counsel for the appellants in support of his argument that the circumstances that the deceased died that the appellant prepared false record regarding the cause of her death or caused post haste disposal of the dead body without any autopsy or its identification by the relations of the deceased do not establish the cause of Kalarani s death or the manner and the circumstances in which it came about
Counsel laid particular stress on the observation of this Court in that case that in cases depending on circumstantial evidence courts should safeguard themselves against the danger of basing their conclusions on suspicions howsoever strong
The decision in Palvinder Kaur s case supra is a precedent on its own facts
The observations of this Court to the effect that Jaspal died that his body was found in a trunk and was discovered from a well and that the appellant took part in the disposal of the body do not establish the cause of his death or the manner and circumstances in which it came about cannot be construed as an enunciation of a rule of law of general application
Whether the circumstantial evidence in a particular case is sufficient and safe enough to warrant a finding that an offence has been committed
is 1 9 L925SupCI75 618 a question which belongs to the realm of facts and not of law
So is the question whether the accused knew or had reasons to believe that such an offence has been committed
It is true that this question further depends on an assessment of the accused s mind
Nevertheless it is a question of fact The state of a man s mind quoth Lord Bowen is as much a fact as the state of his digesion
In Palvinder Kaur s case supra there was in the first place no material direct or indirect justifying a finding that the death of Jaspal was caused by the administration of potassium cyanide and if the defence version was believed his death would be the result of an accident
In that version was disbelieved then there was absolutely no proof of the cause of his death
In the method and the manner in which the deadbody of Jaspal was dealt with and disposed of by the accused did raise some suspicion but from these facts the Court found it unsafe to draw a positive conclusion that he necessarily died an unnatural death
Nor could the possibility of the commission of suicide by Jaspal be totally ruled out
The position of A2 in the present case was very different
He was a Police officer and as such was expected to discharge the duties entrusted to him by law with fidelity and accuracy
He was required to ascertain the cause of the death and to investigate the circumstances and the manner in which it was brought about
His duty it was to make honest efforts to reach at the truth
But he flagrantly abused the trust reposed in him by law
He intentionally fabricated false clues laid false trails drew many a red herring across the net smothered the truth burked the inquest falsified official records and short circuited the procedural safeguards
In short he did everything against public justice which is penalised by s 201 Penal Code
The other circumstantial evidence apart the series of these designed acts of omission and commission on the part of A2 were eloquent enough to indicate in no uncertain terms that A2 knew or had reasons to believe that Kalarani s death was homicidal
It is not disputed that A1 was a friend of A 2
It was A l who had supported A 2 s idea that the latter should himself go to the spot to investigate as the deceased girl appeared to be from a high class family
Standing alone this circumstance is not of a conclusive tendency
But in the context of his subsequent conduct it assumes significance
He wilfully conducted himself in such a manner that there could be no doubt that he was a guilty associate of A 2
When in the context of the burial of the deadbody ordered by A 2 without sending the body for post mortem the Karnam PW 27 asked whether any relation of the deceased had come A 2 pointed towards PW 4 saying that he was related to the deceased
Simultaneously A 1 said 
Yes
This concerted conduct of A 1 in fraudulently representing PW 49 to be a relation or the deceased when he knew that PW 49 was not such a relation clearly marks him out as an intentional abettor and a guilty partner in the commission of the offence under sec
201 Penal Code
619 There can be no doubt that on the basis of the facts found the charges under sections 218 468 Penal Code had been fully established against the appellant A 2 being a public servant charged with the preparation of official record relating to the investigation of the cause of the death of Kalarani framed that record in a manner which he knew to be incorrect with intent to save or knowing to be likely that he will thereby save the true offender or offenders from legal punishment
obviously he prepared this false and forged record with the fraudulent and dishonest intention of misleading his superior officers and in during them to do or omit to do anything which they would not do or omit if they were not so deceived or induced
A l as discussed already facilitated and intentionally aided A 2 in the preparation of the false and forged record
For the foregoing reasons we uphold the convictions and sentences of the appellants on all the counts as recorded by the High Court and dismiss the appeal
VPS Appeal dismissed


Summary:
On a report given by the father regarding the disappearance of his two daughters investigation was taken up by the DSP because of certain special circumstances
After completing the investigation A 2 a sub inspector of police A 1 his friend and another were charged with offenses under sections 120B 366 376
30234 201 218 46834 and 324 IPC for conspiracy abduction rape murder calling evidence of crime to disappear fabricating reports forgery and causing hurt
The trial court acquitted all the accused
On appeal by the State the High Court convicted A1 and A2 for offences under sections 201 218 and 468 IPC Dismissing the appeal to this Court  HELD 1 In order to bring home an offence under section 201 IPC the prosecution has to prove a that an offence has been committed b that the accused knew or had reason to believe that the offence has been committed c that with such knowledge or belief he 1 caused any evidence of the commission of that offence to disappear or ii gave any informationrespecting that offence which he then knew or believed to be false d that he did so with the intention of screening the offender from legal punishment and e  if the charge be of an aggravated form as in the present case that the offence in respect of which the accused caused evidence to disappear was punishable with death or with imprisonment for life or with imprisonment extending to 10 years
610A E Whether the circumstantial evidence in a particular case is sufficient and safe enough to warrant a finding that an offence has been committed is a question which belongs to the realm of facts and not of law
So is the question whether the accused knew or had reason to believe that such an offence has been committed
617H 618B F Palvinder Kaur vs State of Punjab  explained
2 In the present case the two girls died an unnatural death
The corpse of one was found on a beach having been washed ashore and the Corpse of the other was seen floating in the sea
A fisherman who noticed the second body saw marks indicating throttling
He removed a wrist watch and ornament from it and allowed the body to drift away
The wrist watch and ornaments were identified as belonging to the younger sister of the first victim
The 3 possibilities are that they committed suicide by drowning or that their deaths were accidental or that they were done to death by some person or persons
The choice of any of these possibilities would lead to the exclusion of the other two
610G H 3a The elder sister was a graduate and a nature girl of 22 who used to be the leader of the College Union
On the day of the occurrence the deceased girls along with their parents had participated in certain festivities
They were cheerful and there was no evidence to show that they were suffering from any mental depression with suicidal tendencies
611E H 603 b The body on the sea shore was in a semi nude condition
It had on only blouse brassiere petticoat and drawers but no sari
From the fact that it is customary for women of the locality to tie their series tightly the possibility of the sari having been swept off be waves was remote
This shows that she was not wearing her sari when her body was immersed in water but no Indian woman would commit suicide by jumping into sea in such a near nude condition because
ii would expose her body to post mortem
indignity
611 H 162 C c When the body was first seen there were an injury on the forehead from which blood was oozing a reddish abrasion on the thigh and blood marks on the drawers
the stomach however was not in a bloated condition
These circumstances show that death was not due to drowning
612 G E F 4 It was nobody s case that any boat met with an accident off or near the sea shore resulting in loss of human life
No suggestion of accidental death of any person or woman was put to and prosecution witness
Such a plea had not ever been put forward by the accused in their statements recorded under s 342 Cr
PC Therefore the possibility of accidental death must also be excluded
613 B D 5 This process of elimination of suicide and accidental death inevitably leads to the conclusion that the death of these two girls or at any rate of the first victim was due to culpable homicide
613 D 6 From the very start the investigation conducted by A 2 was dishonest and fraudulent
He intentionally indulged in suppessio veri and suggestio falsi
613 E F a The morning after the night when the dead body was seen on the beach a report was handed at the Police Station but the Head Constable returned it saying that it should be drawn up in the printed form and signed by the village Munsuff
A little later A 2 the sub inspector incharge of the police station came there and the Head Constable told him about the report
At that time A1 and P W 49 also came to the Police Station and A1 also referred to the finding of the dead body on the seashore
Thereafter A1 A 2 and PW 49 and others went to the seashore at about noon
A 2 did not hold any inquest on the dead body but instead directed the body to be buried
When the Karnam questioned A 2 why he did not send the body for post mortem examination A 2 replied that the body was that of a prostitute though the body was in an identifiable condition and he new the victim personally
He also said that it was a case of suicide and that PW 49 was a relation of the victim
A1 who heard this also said that PW 49 was a relation of the victim
Thereafter A 2 fabricated an Inquest Report in which he stated falsely that there were no injuries on the dead body and that the stomach was bloated due to drinking of water suggesting that it was a case of death by drowning
He also fabricated a false report as if given to him by one who knew the victim and the other girl to be prostitutes
That report was handed over by A 2 at the Police Station only 5 days later and he asked the Head Constable to note the date as if given 3 days before
The Head Constable did so after some hesitation
Inspire of persistent requests by the DSP A2 sent the copies of the FIR and Inquest Report prepared by him only after an inordinate delay
A 2 also made false entries in the General Diary of the Police Station to corroborate the false Inquest Report and the fictitious complaint
He even tried to dissuaded the father from getting the body which was buried exhumed
605 G 607 C 614 G 616 E b It was A 2 s duty to enter faithfully and truly the substance of the information in the station diary and to record further that he was proceeding for investigation on the basis thereof when he received information from the Head Constable about the reports regarding the finding of a dead body on the seashore
Instead of retrieving the written report that had been first received at the police station and returned by the head constable he fabricated another document purporting to be the first information
All the reliable witnesses for the prosecution have deposed that no such person as the one who gave the first information was present at the scene of occurrence
When the DSP was investigating into the matter A 2 was not able to produce or give any indication about that informant though he claimed to have known him
Efforts to trace the existence of the two prostitutes mentioned in that report were also futile leading to the inference that they were also fictitious persons
613 F 614 F 604 The credible circumstantial evidence on record re inforced by the inference available from the incriminating conduct of the appellants particularly A 2 in deliberately preparing false records to suppress the identity and the cause of death of the deceased girls fully justifies the conclusion reached by the High Court
611 B C c Section 174 Cr
PC peremptorily requires that the officer should hold an inquest on a dead body at the spot
This mandate is conveyed by the word there occurring in section 1741
Section 1743 gives a discretion to the Police officer not to sent the body for post mortem examination only in one case namely where there can be no doubt as to the cause of the death
This discretion has to be exercised prudently and honestly
616 A C d A 2 is a police officer of standing and experience who was expected to discharge the duties entrusted to him by law with fidelity and accuracy
He was required to ascertain the cause of death and investigate the circumstances and the efforts in which it was brought about
His duty was to make honest efforts to reach at the truth
He knew the deceased and saw the injuries on her dead body and must have known that in the circumstances of the case autopsy of the dead body was necessary to ascertain the cause or her death
He flouted all the salutary requirements of section 174
PC and his conduct in distoring and suppressing material evidence and preparing false records as to the identity of the dead body the cause of death and the falsification of the data bearing on that cause could not be explained on any reasonable hypothesis save that of his guilt
617 B E 618 D F 7 As regards A 1 his concerted conduct including that in supporting the fraudulent misrepresentation made by A 2 to the Karnam
regarding PW 49 being a relation of the deceased shows that he was a guilty associate of A 2