Kajju Lal vs State Of Rajasthan on 8 September, 2006
11. A careful study of the judgment relied upon by learned amicus curiae in Mazahar Ali v. State 1976 Cri LJ 1629, it was in the facts of that case held by Division Bench of the Jammu and Kashmir High Court that since evidence against the appellant in that case for offence Under Section 201, IPC was also substantially same as for the offence Under Section 302, RPC (Ranvir Penal Code), conviction of the appellant for offence Under Section 201, RPC alone cannot be sustained. The said observations were made by the Court at the conclusion of the Judgment having held that offence Under Section 302, RPC was not proved against the appellant and, therefore, when the same evidence was the basis for their conviction Under Section 201, such conviction also cannot be sustained. It was in that context observed that "the proof of the commission of an offence is an essential requisite for bringing home the offence Under Section 201, R.P.C. and in the present case the commission of the principal offence by the accused has not been proved, their conviction for the offence Under Section 201, R.P.C. is not sustainable."