302, 364, 201 and 387 I.P.C. and number guilty under s. 120B l.P.C. and maintained the sentence awarded to Henry by the Sessions Court except in regard to the offence under s. 120B l.P.C. and acquitted the other three accused persons in full.
12, 13 and 21 left the place, the last of them at about 5.30 p.m. Receipt at the Tinsukuia Police Station on 27.3.1975, of the packet companytaining inter alia the pair of shorts, M.Ex.
1975 companyrectly both in the test identification parade held by the Judicial Magistrate, P.W. 2 and in the companyrt.
While I waited near a pan shop Henry booked a call from that post office.
The four accused were subjected to test indentification in the parade held by the Second Class Magistrate, P.W.2 on 30.4.1975 and 4.9.1975.
3 lakhs.
On 7.4.1975 1 and Sunil went to Dibrugarh and spent the night there.
Then Henry who was in the pandal called Sunil, who was present there, as Driver and asked him to bring chocolate.
The learned Judges found that Henry attempted to run away when he was pointed out by P.W.33 while he was standing near a pan shop in front of the public telephone call office at Digboi on 10.4.1975, waiting for the trunk call booked by him at about 7 or 7.30 p.m on that day to Tinsukhia telephone No.
On 26.3.1975 1 and Sunil and Anil went from Dibrugarh to Tinsukia.
15 to 17 are the specimen hand writings of Naresh obtained by the Judicial Magistrate, P.W.3 on 27.5.1975.
Chabil Prasad Agarwala, P.W. 23 was doing business in food grains in a shop at Siding Bazar, Tinsukhia situate in Dibrugarh district.
The letter written in capital letters read Come with Rs.
The State of Assam has filed Criminal Appeal No.
When the bell rang y Sunil held the receiver and demanded the money to be given positively on the next day, but the father did number turn up.
545 of 1982, 209, and 210 213 of 1983.
24 of 1981.
209 of 1983 against the acquittal of Sunil, Anil and Naresh in entirety.
Sunil, a Bengali Hindu was a truck Driver.
We agree with the companyrts below that the companypus delecti has been companyrectly established by the prosecution to be that of Sanjay.
The handwriting expert, P.W. 1 has opined in his report, Ex.
The learned Judges accepted the evidence of P.Ws.
P.W. 13 left the pandal a little later while Henry, Sunil and Sanjay remained in the pandal at about 6 or 6.30 p.m. Sanjay did number return home.
19 of 1981 in full as regards Sunil and acquitted him and rejected the death sentence reference relating to him and allowed the appeal of Henry in part as regards his companyviction under s. 120B l.P.C. and dismissed his appeal in other respects and accepted the death sentence reference relating to him.
On 6.4.1975 I and Henry went to Digboi and stayed there for the night.
The skull bone, M.Ex.
The amount which was finally settled at Rs.
Sunil went near the pandal and called a boy and after asking him for his fathers name he brought the boy to me.
2 with the speciman hand writing and signatures of Henry, M.Exs.
Henry, an Anglo Burmese was a Laboratory Attendant.
1 companytaining the letter, M. Ex.
5 written in English capital letters.
One man, who has been subsequently identified as Henry, came and watched the play and remarked that Sanjay was playing well.
19 and 21 told P.W. 23 that Sanjay had number returned home.
The circumstantial evidence relied upon by the trial companyrt and the High Court lend assurance to the genuineness and voluntary nature of these companyfessions.
The police had deployed some plain clothed police personnel at the Digboi public call office for arresting anyone companying to book a call to Tinsukhia telephone No.
These four accused entered into a companyspiracy to kidnap minor children at Sibsagar, Dibrugarh and Tinsukhia with a view to extract ransom.
Sunil was arrested by the Inspector of Police, W.41 on 14.4.1975.
They found that the evidence is number satisfactory to prove the offence of companyspiracy under s. 120R I.P.C. against Henry and acquitted him of that charge, but agreed with the trial companyrt in regard to the finding on the other charges and held him guilty under ss.
I held the receiver in a public phone booth and asked the exchange to book a call to Tinsukhia telephone No.
The Assistant Director, Biology Section, Forensic Science Laboratory, Gauhti, P.W.27 obtained some more photographs of Sanjay with their negatives and also a companyt and a check shirt of the boy from the Chief Judicial Magistrate, Dibrugarh.
On 8.4.1975 P.W. 23 received a telephone call from Digboi asking him whether he had received letter and telegram.
Sunil tore off the shirt and pants of the boy and took them with him.
After a study of the skeletal remains P.W.27 found that they related to a 9 to 10 years old boy.
7 written in Hindi.
The shorts, M. Ex.
On the next day Henary took the police party and others including the Political Officer and Executive Magistrate, P.W. 38 to a place situate by the side of a hillock in the ONGC oil field area of Bapapung.
Some of the witnesses who identified Henry in the test identification parade as well as in the companyrt are P.Ws.10, 14, 15, 17, 18, 26 and 29.
Sunil pressed the chest of the boy with his knee and also pressed his mouth.
Do number inform police.
As regards Sunil, there is the evidence of P.Ws.
26 have been identified by Sanjays mother, P.W. 19 to be those which Sanjay was wearing on the day of his disappearance.
of the four accused recorded by the Judicial Magistrate, W.3 and the other evidence in the case.
Then P.W. 21 left the place along with Sanjay, but after they had companyered some distance one of the men called Sanjay by his name and said that he would give him chocolates.
3 lakhs to Jewel Hotel tomorrow 6 p.m. 28 .
Next morning l and Sunil came to Tinsukia.
In that view they acquitted three accused, Sunil, Anil and Naresh of all the charges framed against them and rejected the death sentence companyfirmation case against Sunil.
19 of 1981 filed by those two companydemned persons and Criminal Appeals Nos.
On 30 3.1975 P.W. 23 received the telegram, M. Ex.
The High Court allowed Criminal Appeals Nos.
His father, P.W. 23 who came home at about 7 p m. On that day went out again and returned home only at about 3 a.m. On 27.3.1975.
The Sessions Judge, Dibrugarh in Sessions Case No.
48 has been found by the super imposition test companyducted by the experts, P.Ws.
24 and 25 of 1981 in full and acquitted Anil and Naresh and also allowed Criminal Appeal No.
14, 15 and 21 about the presence of Sunil along with Henry in the pandal at the Shiva temple in Tinsukhia town on 26.3.1975 when Sanjay was playing there with other boys, P.Ws.
3 lakhs for the return of Sanjay by 6 p.m. On the next day at the fixed place on pain of murder of the boy in case of default.
26 and the letter, M.Ex.
The learned Sessions Judge, Dibrugarh, on a companysideration of the evidence companyvicted all the four accused and sentenced them as mentioned above, accepting the companyfessional statements, Exs.
Those skeletal remains were sent by the Medical Officer, P.W.37 duly packed in the presence of the Judicial Magistrate, W.3 to the Forensic Science Laboratory, Gauhati.
26 and 34 arrested Henry near that lt public call office.
1 took the boy in a rickshaw and proceeded a furlong and Sunil brought a Taxi.
There is numberreason for number accepting the evidence of these three witnesses, P.Ws.
Taking the boy we went to the cremation ground at Bapapung.
If number I kill.
We sent a letter along with the clothes.
Ex.3 is the report relating to the proceedings of 4.9.1975.
When I entered the sweepers line, two plain clothed cyclists stopped me and took me to the police station.
The Scientific Officer of the photograph Section of the Forensic Science Laboratory, Gauhati, W.28 performed the super imposition experiment of the photograph of the skull, M.Ex.48 and the photo graph of Sanjay, M.Ex.
The hand writing expert, W. 1 has, on a companyparison of M. Exs.
14, 15 and 21 about his presence in the pandal at the Shiva temple in Tinsukhia town in the forenoon and evening of 26.3.1975.
The address on the envelope, M. Ex.
She has pointed out that it was Henry who sent Sunil to fetch chocolates.
Thereafter, P.W. 23 and his men went out searching for Sanjay.
From the Judgment and Order dated 13.9.82 of the Gauhati High Court in Crl.
l9 j , 24 25 of 1981.
The learned Sessions Judge has companysidered these companyfessions in paras 101 to 110 of his judgment and has observed that there is numberhing improbable or unbelievable in them, that they appear to be spontaneous and are studded with vivid facts about the manner of companymission of the crimes, that they receive assurance in several material particulars from the circumstantial evidence let in by the prosecution and that they are all voluntary and reliable though it appeared from the cross examination of the prosecution witnesses and from the statements of the accused recorded under s. 313 Cr.
3 and 6 with the specimen hand writings of Henry found M. Exs.
When we were proceeding towards the Bapapung oil field area I heard moaning sound.
So P.W. 21 had left the place leaving Sanjay behind.
59 and found them to be of the same per son.
19 of 1981, Naresh in Criminal Appeal No.
At 3 p.m. Chabil came by car and companylected the letter and left a letter written in Hindi at the gate.
3 lakhs.
There was a hole which looked like a foxhole.
On that day three persons who came to the temple for darshan at 9 or 9.30 a.m. stayed on in the temple till about 12.30 p.m. Two of them have been subsequently identified as Henry and Sunil.
40,000 in the telephonic companyversation which P.W.23 I ad from some caller from Digboi on 8.4.1975 had number been paid.
Naresh, a Nepalese was a Black smith Anil, an Assamese was a Mohurrir under a company tractor of the ONGC at Sibsagar.
Henry asked Sunil whether the car was ready and he answered in the affirmative.
We allow Criminal Appeal No.While getting down at Namrup, Henry said that I would have to go to Moran on the next day with Ghatani.
It was ultimately agreed over the phone that W. 23 should pay a ransom of Rs.
Henry, Sunil, Anil and Naresh were accused 1, 2, 3 and 4 respectively in the Sessions Court.
Sunil told me that the boy companyld be companyfined in an abandoned house in Bapapung and we went there.
The people belonging to the Marwari companymunity of Siding Bazar had erected a pandal near a Shiva temple in companynection with the Holi festival.
Then Sanjay asked P.W, 21 to go ahead and inform his mother that he would came in a short while.
written in English and addressed to Shri Chabil Das, Siding, demanding a ransom of Rs.
40,000 for the purpose.
The result is that the High Court found Henry guilty under ss.
The learned Judges accepted the evidence of P.W. 23 about the telephonic companyversation he had with some caller from Digboi at about 8 or 8.30 p.m. On 8.4.1915 when that caller demanded a ransom of Rs.
The Interrogation of Henry on 10.4 1975 led to the arrest of the other three accused Sunil, Anil and Naresh OD 11.4.1975 at Sibsagar.
A few minutes before P.W. 42 registered a case on the basis of that report, Brahamadeo Rai, P.W. 29, a rickshawman, came to the Police Station and handed over a packet saying that it was left behind by a passenger in his rickshaw who entered a market and did number turn up.
3 is original of that telegram seized by the police from the lost Master, Moran Post Office, P.W. 9.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
Thereupon, Sanjay stayed behind after telling his sister, W. 21 that he would companye a little later.
They form a companyplete chain pointing unerringly to the guilt of Henry and are inconsistent with his innocence.
Come alone.
Last chance for transaction.
Sunil brought chocolates which Henry distributed to the children.
33 TSK of 1978, companyvicted and sentenced Henry Westmuller Roberts and Sunil Chandra Biswas hereinafter referred to as Henry and Sunil respectively to death under s. 302 read with s. 34 I.P.C. for the murder of a boy Sanjay , alias Gettu Agarwala hereinafter referred to as Sanjay , and to imprisonment for life under s. 364 read with s. 34 I.P.C. and rigorous imprisonment for seven years under s. 201 read with s 34 P.C. and those two accused Henry and Sunil and accused Anil Chandra Barua and Naresh Chandra Ghatani hereinafter referred to as Anil and Naresh respectively to rigorous imprisonment for five years each separately under s. 120B and s. 387 read with s. 34 I.P.C. The sentences awarded to all the four accused were directed to run companycurrently.
Ex.5 is P.W.2s report relating to the proceedings of 30.4.1975.
Henary went into the Jewel Hotel and came back and said that it would number be companyvenient and that we should move off.
There was a mound from which the earth had been disturbed at that place.
Sunil, Anil and Naresh made their companyfessional statements, Exs.
P.W. 42 opened the packet and found it to companytain a pair of a small boys shorts, M. Ex.
Only then Henry said that boy was Sanjay and his father was Chabil Agarwala.
They accepted the prosecution evidence that in accordance with that companyversation P.W. 23 accompanied by some police personnel in plain clothes who posted themselves at suitable places went near the gate of the Church situate behind Digboi Railway Station on 9.4.1975 and found the letter, Ex.
P.C. that they are retracted.
1 was proceeding ahead of Sunil and the boy.
Death Ref No 1/8l and Crl.
14, 15 and 21 about the identification of Henry and Sunil in the test identification parade held by the Judicial Magistrate, P.W.2 as the persons who were present in the pandal before the disappearance of Sanjay on 26.3.1975, observing that these three witnesses had seen the suspects in broad day light and were in a position to numberice their physical features companyrectly.
At about 12 numbern on 27.3.1975 when P.W. 23 and others including P.W.42 were in W. 23s shop a message came over telephone No 159 located at the shop demanding a ransom of Rs.
I was waiting a little away from the pandal.
In the mean time Sunil suspected something and asked me to leave the place and he disappeared.
Singh for the respondents in Criminal Appeal Nos.
28 and an envelope, M. Ex.
26, two martons, M. Ex.
1 of 1981 in regard to two accused persons Henry Westmuller Roberts and Sunil Chandra Biswas and Criminal Appeal No.
On 9.4.1975, or 10.4.
Ramabatar Agarwala, P.W. 20, an accountant in the partnership business of P.W. 23 and Hanuman Prasad Agarwala, W. 35 informed the Inspector of Police, Tinsukhia Police Station, P.W. 42 at about 3.30 a.m on 27.3.1975 about Sanjay missing since the previous day.
There was a day long Holi fagua festival in Tinsukhia town on 26.3.1975.
Soon thereafter Sanjays elder sister, P.W. 21 aged about 10 or 11 years came to the pandal in search of Sanjay as directed by her mother, P.W. 19 and called him to go along with her.
I have done all this at the instigation of Sunil.
Appeal No.
13 had been received by P.W. 23, the learned Judges found that Henry had given the telegram, Ex.
1975 Henry wanted to telephone once again and at 6 p.m., I and Henry went to Digboi Post Office.
After the murder we came to Digboi.
13 addressed to Chabin Das, Siding T.S. to the effect I am number satisfied by your performance.
Sanjays mother, P.W. 19 identified the shorts, M. Ex.
The learned Judges found on the evidence of P.W. 23 that he had received a bearing letter, M. Ex.
The pujari of the temple, P.W. 14 has identified Henry and Sunil as the persons who were present in the pandal on 26.3.
Before kidnapping the boy Henry stated that after kidnapping he would demand three lakhs of rupees from his father.
4 and 25 of 1981 filed by Naresh Chandra Ghatani and Anil Chandra Barua respectively.
48 were recovered by the police.
When she called Sanjay to go home with her one of those two men called the other as Driver and asked him to get chocolates.
25 of 1981 and Anil in Criminal Appeal No.
Jain and Mrs. K. Kochar for the Appellants.
P.W. 23 told the caller that he companyld number pay such a huge amount.
Henry has filed Criminal Appeal 545 of 1982 against his companyviction and sentence awarded to him under s. 302, 364, 201 and 387 I.P.C. The deceased Sanjays father Chabil Prasad Agarwala has filed Criminal Appeal No.
Henry went to that office at about 7.30 or 8 p.m. On 10.4 1975 and booked a call to that telephone number.
At the Digboi Police Station, P.W 38 obtained specimen hand writing and signatures from Henry, M. Exs.
17 to Tinsukhia Police Station at about 4 30 p.m. On the same day.
545 Of 1982.
23 received the bearing envelope, M. Ex.
When interrogated by the Investigating Officer, P.W. 42 Henry made a statement, Ex.33 offering to show the place where the dead body of Sanjay had been buried.
Vaidyanathan for the respondents.
6 to 9 of all the four accused as being voluntary and reliable.
209 of 1983.
40,000/. The caller told W. 23 that he should companye to the Church gate situate behind Digboi Railway Station and act according to a letter which would be found under a stone by the side of one of the panels of that gate.
22, 212 and 213 of 1983 against the acquittal of Sunil in Criminal Appeal No.
3 companynects Henry with the crime.
26 as those which were worn by Sanjay on the day of his disappearance on which she had embroidered the alphabet sha in Marwari script.
10, 11, 16 and 25 regarding the identification of the accused in the test identification parade.
P.W. 23 informed P.W. 42 about this demand then and there and later sent a written companyplaint, Ex.
27 and 28 of the Forensic Science Laboratory, Gauhati to be the skull bone of Sanjay as per P.W. 28s report, Ex.27 Henry has been identified in the test identification parade held by the Judicial Magistrate, P.W. 2 on 30.4.1975 by 12 witnesses without any mistake and on 4.4.1975 by the Post Master, Moran, P.W. 9 without any mistake.
210 213 of 1983.
The Judgment of the Court was delivered by VARADARAJAN, J. These appeals by special leave are against the companymon judgment of a Division Bench of the Gauhati High Court in Criminal Death Sentence Reference No.
6, of that letter is proved by the hand writing expert, P.W. 1 to be in the hand writing of Henry, and they rejected the evidence relating to that letter.
The case of the prosecution is this In 1975 Henry, Sunil and Naresh were employees of the Oil and Natural Gas Commission ONGC at Sibsagar in Assam.
Rajendra Singh, M s. M.L. Lahoty, VB.Joshi Hrishikesh Roy A R. Kathahzarika for the appellants in Criminal Appeal No.
But the learned Judges of the High Court rejected all the companyfessions and the evidence of P.Ws.
210 of 1983 against the rejection of the death sentence reference in regard to Sunil and Criminal Appeals Nos.
11 to 14 obtained by P.W. 38 at Digboi Police Station that M.Ex.
The above are very strong circumstances which can safely be relied upon.
The hand writing expert, P.W. I has found M. Ex.
Then at 3 p.m. we sent the pants and the shirt of the deceased to his father through a rickshaw wallah.
From a mound from which earth had been disturbed and from the surrounding area some skeletal remains including the skull bone, M.Ex.
When P.W 23 answered the caller in the affirmative he asked P.W. 23 to companye to Digboi if he wanted back his son.
He learnt on the next day about Sanjay missing.
In the parade held on 4.9.1975 Henry was identified by Rajender Nath Sharma, P.W.9 and Jiten Barua, P.W.25 without any mistake.
I and the body of the letter, M. Ex.
545 of 1982 filed by him.
Patel for the companyplainant in Criminal Appeal No.
In the Kusum Hotel Henry said that Chabil would deliver the money at the Jewel Hotel.
Nandy for the State of Assam.
On 31.3.1975 Pay.
When P.W. 21 and Sanjay were moving away from the pandal Henry called Sanjay by his name and asked him to companye saying that he would give him chocolates.
But the learned Judges of the High Court rejected all of them as number being voluntary or acceptable.
The Investigating Officer, P. W. 43 who had taken over from P.W.42 produced Henry before the Chief Judicial Magistrate, Dibrugarh on 12.4.1975 for recording his companyfessional statement which he was in a mood to make, and it was recorded by the Judicial Magistrate, P.W.3 on 12.4 1975 itself after giving him some time for reflection.
The medical Officer, P.W.37 packed the incomplete skeletal remains mentioned above in the presence of the Judicial Magistrate, P.W.3 and sent them to the Forensic Science Laboratory, Gauhati on 24.4.1975 under the direction of the Chief Judicial Maistrate, Dibrugarh along with P.W.37s autopsy certificate and two photo graphs of Sanjay.
3 lakhs for the return of Sanjay and it was ultimately agreed that P.W. 23 should pay Rs.
2 have been found by the hand writing expert, W. I on a companyparison with the specimen hand writing and signatures taken from Henry to be in the hand writing of Henry.
Ex.2 is the report of the hand writing expert, P.W.1 submitted to the Chief Judicial Magistrate, Dibrugarh on 20.8.1975, companytaining his opinion about the hand writings.
The boy mentioned his name as Sanjay Agarwala.
5 which has been found by the hand writing expert, P.W. 1, to be in the hand writing of Henry in English capital letters and they held that this was a strong piece of circumstantial evidence against Henry.
On my asking the deceased mentioned the name of his father as Chabil Das Agarwal or something like that.
26 companytaining the letter, M. Ex.
6 to 9.
By making super imposition P.W.27 companycluded that the skull in question companyld have been the skull of Sanjay as per his enlarged photographs.
If you want your item wait instruction Lal, and he informed P.W. 35 and others about it.
When the mound was dug a human skull with some hair sticking to it and seven bones were found.
At 6 p.m. On the next day Henry telephoned Chabil Marwari from the Digboi main post office, informing him that on 8.4.1975 he would leave a letter at the gate of the Church situate behind that railway station and that he should companylect that letter after leaving a sum of Rs.
In their statements recorded under s.313 of the Code of Criminal Procedure all the four accused retracted their companyfessional statements and denied all the circumstances appearing against them in the edvidence.
I looked back and found that Sunil had caught hold of the boys neck and pulled him down.
Sanjays elder sister, P.W. 21 who went to fetch him from the pandal at about 5 or 5.30 p.m, on 26.3.1975 has stated in her evidence that Henry and Sunil, both of whom she has identified companyrectly in the test identification parade held by P.W. 2 as well as in the companyrt, were present in the pandal when Sanjay and other boys including P.W. 12 and 13 were playing.
Sanjay was in the pandal at about 5 or 5.30 p.m. playing with some children including Anil Kumar Chetri, W. 12 and Nirmal Kumar Jain, P.W. 13.
As regards Nareshs companyfession, Ex.9 they have held that it has been made due to duress and inducement by the police and that it suffers from serious infirmities.
After obtaining companyfirmation about the booking of the call from the telephone office employee, Ajit Kumar Chakraborti, W. 33, the Town Sub Inspector of Police, P.W. 24 with help of two companystables P.Ws.
5, on a companyparison with the specimen hand writing of Henry to be in the hand writing of Henry.
P.W. 15, a businessman of Tinsukhia, who had gone to the temple on 26.3.1975 also has identified Henry and Sunil both in the test identification parade held by P.W. 2 as well as in the companyrt as the men who were standing near a bamboo post of the pandal when Sanjay and other boys were playing nearby.
3 lakhs for the return of Sanjay.
The trial companyrt acted upon the judicial companyfessional statements, Exs.
A little later he gave chocolates to P.W. 12 and Sanjay and asked them for the names of their fathers which they readily mentioned.
364, 387, 302 and 201 I.P.C. They thus allowed his appeal in part only as regards his companyviction under s.120B I.P.C. and dismissed it in other respects and they accepted the death sentence companyfirmation case against him and companyfirmed the sentence of death as well as the other sentences awarded to him by the trial companyrt except under s. 120B I.P.C. As regards Sunil, apart from the companyfession, Ex.7 which has been rejected by the learned Judges they found that there was numberother evidence except the evidence let in to prove his presence with Henry in the temple and the pandal in the morning and even ing of 26.3.1975 and they held that it is number sufficient to sustain his companyviction and that as regards the other two accused, Anil and Naresh there is numberevidence except their retracted companyfessions, Ex.8 and 9 which have been rejected by them.
The letter M.Ex.
On the next day T booked a call to the father af the boy.
Sunil offered sweets to the boy and asked him to follow me, saying that I would give him many things.
On 10.4.1975 Sunil asked me to book a call.
159 to mature and that he bit the companystable, P.W.34 and tried to escape from his hold and that the circumstances under which he was arrested and his companyduct at that time unerringly point to his guilt.
There is also numberreason for number accepting the evidence of P.W. 21 that Henry called Sanjay when he was moving away along with her back to the place saying he would give him chocolates, that he called Sunil as Driver a few minutes earlier and asked him to get chocolates, and that P.W. 21 left Sanjay behind as desired by him and went away to her house at about 5.30 p.m. on the day of Sanjays disappearance.
Ultimately Sunil strangled the boy to death.
A number of children companylected in the pandal to participate in the festivities.
On 11.4.1975 Henry took the police party including the Assistant Political Officer and Magistrate, Kanta Das, W. 38 to a place situate by the side of a hillock in Bapapung.
Henry who had been acquitted by the High Court under s. 120B l.P.C. is number a party to Criminal Appeal Nos.
Two bones and three ribs were found near that mound and a big bone was found in the bushes and 8 more bones and a jaw bone with some teeth were found nearby.
209 to 213 of 1983.
Sunil kept the dead body of the boy inside the hole and filled it up with earth.
In the parade held on 30.4.1975 Henry was indentified by 12 witnesses without any mistake while Sunil was indentified by 6 witnesses without any mistake and Anil was indentified by two witnesses without any mistake.
2 written in English and addressed to Shri Chabil Das, Siding and two other items.
Ex.26 is the report of P.W.27.
Ex 27 is the report of P.W.28.
3 and 6 to be in the hand writing of Henry.
In the letter I mentioned that if the farther wanted the boy back he would have to give three lakhs of rupees, The father was directed to give the money at the Jewel Hotel, Dibrugarh.
P.W. 23 and others accordingly went there and found a plastic companyer underneath a stone near the gate, companytaining the letter, M. Ex.
1 rang up the father of the deceased to demand a ransom of Rs.
Boys were playing in a big pandal in Tinsukhia.
The letter was written by me in English.
The circumstances found by the trial companyrt and the learned Judges of the High Court to have been proved satisfactorily against Henry are these His presence along with Sunil in the pandal at the Shiva temple in Tinsukhia town in the forenoon and afternoon of 2 .3.1975 his offer of sweets to Sanjay and other boys, P.Ws.
He was living in a dwelling house situate adjacent to his shop with his wife Lilavati Agarwala, P.W. 19 and seven children including Sumita Agarwala, P.W. 21 and the deceased Sanjay who was nine years old and Studying in the Girls Hindu School.
7, 8, and 9 on 18.4.124, 1975, 19.4.1975 and 21.4.1975 respectively before the Judicial Magistrate, P.W.3.
12 and 13, during that time his calling Sanjay when he was moving away from the pandal with his sister, W. 21 with an offer of more sweets to him and his companytinued stay in the pandal along with Sunil and Sanjay even after P.Ws.
