Basanti and Radha Ballabh companying to the said shop alongwith the boy and purchased 100 gms.
In that letter, he, however, prayed P.W. 1 to forgive him and see that police pressure is withdrawn.
1 is the registered envelope companytaining address of Mohan Lal Sharma bearing postal seal dated 8.10.75.
The handwriting expert examined the handwriting in the letters Exs.
2 and 4 and accused Raghuvir was identified by P.Ws.
On 20.12.75 the Investigating Officer arrested Radha Ballabh and Raghubir at about 10.30 A.M. near a museum and interrogated them and they were taken to Village Karhala and on their pointing out search of the house of Radha Ballabh was made in the presence of his wife accused Smt.
All the seven companyvicted accused namely Devi Ram, Har Charan, Radha Ballabh, Raghubir, Lalta Prasad, Bissu and Smt.
9 in an envelope Ex.
Basanti and Radha Ballabh accused as the persons who brought the boy.
were manipulated and postal seals were put later at the instance of the police by the postal officials, which is baseless.
On an appeal by the State the High Court reversed the order of acquittal so far as the present appellants are companycerned and companyvicted them under Section 363 and 365 I.P.C. and sentenced each of them to undergo five years R.I. and they were also companyvicted under Section 364 I.P.C. and sentenced to undergo ten years R.I. Appellant Bissu was also companyvicted under Section 364 I.P.C. but he was sentenced to undergo imprisonment for life and he was further companyvicted under Section 386 I.P.C. and sentenced to undergo ten years R.I. The acquittal of the remaining two persons namely Smt.
4 and 10 and one Gopal Jogi were present at the back side of the temple and were talking.
Barfi and he also heard Ganga Prasad addressing the boy as Lalit.
4, 5 and 10 had some knowledge of the facts relating to the kidnapping of the boy.
P.W. 4 also identified the two pieces of Bushirt which Lalit was wearing.
2 and Ex.
Basanti have filed these three appeals.
4, 5 and 9 tallies with the admitted handwriting.
His son Lalit, aged about four years was during the relevant period a student of Gyandip School alongwith other children of the family.
He saw the accused Raghuvir being brought under arrest at 5 A.M. The prosecution in support of its case examined 17 witnesses.
P.C. were issued and executed.
Basanti and Radha Ballabh came there and they talked amongst themselves and ultimately the boy was handed over to the persons on the motor cycle.
2 and 3, the cloth pieces, also lend assurance to the prosecution case that Lalit after being kidnapped was in the custody of the kidnappers.
On this P.W. 1 and other family members went in search of the boy.
It was sent by ordinary post on an inland companyer to informant Shyam Sunder, P.W. 1 and his father Mohan Lal under the signature of accused Bissu.
He also identified accused Raghuvir, Lalta Prasad and Bissu in the test identification parade as well as in the companyrt.
50,000/ as ransom.
D.W. 2, Lala Ram, was a booking clerk in U.P. Roadways.
On 26.9.1975 Lalit as usual had gone to the School with his sister and the companysins and returned home at about 12.30 P.M. At about 3.30 P.M. mother of P.W. 1 informed that Lalit was number traceable5 in the house and also he has number presented himself before the tutor who at that time was teaching other children in the ground floor hall of the house.
Thereupon P.W. 1 gave a written report on the basis of which a case was registered.
But after having lost all hopes, P.W. 1 on 15.8.76 gave the letters and the pieces of Bushirt etc.
Thereafter the child was number seen in that Village.
Accused Smt.
2, 4 and 10 and accused Lalta Prasad was identified by P.Ws.
1,25,000/ was made for releasing the child failing which there was a threat to kill the child.
8 and 9, the residents.
They gave the information that for about 20 to 25 days a boy aged about four years of very fair companyplexion was seen with the accused Devi Ram and Har Charan in their house and on enquiry the boy also gave his name as Lalit son of Shyam Sunder resident of Mathura.
After interrogating Ganga Prasad he went to Village Kamai.
In the meanwhile Devi Ram came to his house, slapped the boy and took him to his house.
The prosecuting agency obtained specimen handwriting and signatures of accused Bissu and the same alongwith the above mentioned letters were sent for companyparison to the handwriting expert and his opinion was that the letters were written by the same person who had written the specimen before the Magistrate.
The next set of witnesses is P.Ws.
P.W. 7s evidence is also more or less to the same effect.
Meanwhile about two weeks after the boy Lalit was kidnapped, P.W. 1, who had been making frantic efforts to search his missing son, received a letter by registered post in an envelope Ex.1 with two pieces of cloth Ex 2 and Ex.3, being parts of the Bushirt worn by Lalit at the time he was kidnapped alongwith two letters Ex.
Thereafter the said three persons on the motor cycle with the child proceeded towards Krishnapuri and Radha Ballabh and Smt.
The other evidence is that of Investigating Officers and panch witnesses who rendered circumstantial evidence.
Thereupon P.W. 14 filed the charge sheet against ah the accused.
The boy Lalit, however, was number traced at all.
P.W. 1 also stated that he received the letter on 9.7.76.
10 is of great importance.
It has been proved that Exs.
Basanti and Radha Ballabh went towards the temple.
4 and Ex.
According to the prosecution on the way the said persons riding the motor cycle with the child stopped at the cycle shop of Gopal Prasad, P.W. 5 at Bhuteshwar Crossing at about 3 3.15 P.M. and got air filled in the front wheel of the motor cycle and one Dharmvir who at that time was getting his cycle repaired at the shop addressed the boy as Lal it.
P.W. 9 gave details more or less to the same effect.
5 purporting to have been written by one Thakur Hukam Singh Azad.
P.W. 14 recorded their statements which revealed that the child was kidnapped as a result of well knit companyspiracy.
The expert has given detailed reasons for his opinion in this regard.
3, the cloth pieces as those of the Bushirt which was worn by Lalit at the time of his missing.
He was interrogated and he was sent to the police station and a test identification parade was held in respect of him on 15.12.76 and he was identified by P.Ws.
On behalf of defence two witnesses were examined.
There are three stages in this kidnapping episode as per the prosecution case.
The handwriting expert also gave the opinion that the handwriting in Ex.
The next letter Ex.
Barfi was also arrested and from there the Investigating Officer proceeded to Village Lohwan and arrested accused Smt.
to the police.
Barfi and a Bushirt was recovered of which the right side alone was intact.
2 and 3 and two letters Exs.
8 by post was received by P.W. 1 reiterating the demand and threatening to kill the child.
He arrested Ganga Prasad but he companyld number find any other accused or the boy.
Accused Lalta Prasad, however, surrendered in the Court on 23.2.76 and test identification proceedings in respect of accused Lalta Prasad and Smt.
The letters were addressed to Mohan Lal, father of P.W. 1 and in that a demand of ransom of Rs.
Both these witnesses have companyrectly identified the accused and we have perused the cross examinations and we do number companye across any infirmities which render their evidence unacceptable.
In the trial companyrt all the nine accused pleaded number guilty and totally denied the prosecution case.
They spoke about having seen a boy aged about 4 or 5 years residing with the accused Devi Ram and Har Charan for about 20 to 25 days.
They are the residents of Village Karhala to which place accused Radha Ballabh, his wife Smt.
Basanti were companyducted on 10.3.76.
The said two persons alongwith the boy reached the lane behind the temple.
The Investigating Officer, however, companyld number find the child number accused Devi Ram and Har Charan.
4, 5 and 10.
Basanti was on visiting terms with the family of the companyplainant.
P.W. I5 who came in the place of P.W. 14 took over the investigation.
They saw three persons subsequently identified as accused Lalta Prasad, Raghuvir and Bissu, companying on a motor cycle and stopping there.
This letter was bearing the postal seal dated 9.7.76 namely before the arrest of accused Bissu.
During the companyrse of investigation and test identification parade companyducted by the Executive Magistrate, accused Radha Ballabh was identified by P.Ws.
He used to go to the School by rikshaw and return by the same.
The High Court has numbered that from the record it appears that the genuineness of this opinion has number been disputed.
There are altogether seven appellants.
There was also a warning riot to inform the police.
Basanti was identified by P.Ws.
Accused Smt.
P.W. 1 is the informant and father of the boy Lalit and he has given all the details about the missing boy and upto the stage of handing over the letters to the police.
6 and 7 spoke about the next stage.
2 as a piece of cloth similar to the cloth of Bushirt worn by the boy.
About 19 to 20 days thereafter another envelope Ex.
P.W. 1 did number give these letters for some time being afraid of the danger to the boy.
The High Court, however, companyfirmed the acquittal of Smt.
The High Court also companypared and was satisfied that the handwriting in Exs.
The other accused including Bissu and others pleaded that the witnesses who have identified them are all inimical towards them.
The police succeeded in arresting Bissu on 8.11.76 in front of a hotel.
7 was received by post demanding atleast Rs.
4 to 9 assume importance.
Barfi, brother Bissu and nephew Ganga Prasad belong.
During the same phase, P.W. 5, the owner 1 of the cycle shop, deposed that these three accused alongwith the boy came to his shop and got air filled in the front wheel of the motor cycle.
Shortly they also saw a woman and a man with the boy and all the five of them had a talk amongst themselves.
2 and 3 are the pieces of the cloth of the Bushirt which was worn by Lalit at the time of his missing.
The companytents of the letters show that the ransom was demanded.
Basanti and all the accused persons were taken to the Police Station.
These are all the main witnesses whose evidence has been relied upon by the High Court for companyvicting the appellants.
8 is another envelope companytaining the address of P.W. 1 and his father sent by ordinary post bearing the postal seal of Mathura Post Office dated 13.11.75 and it companytained Ex.
Accused Bissu was number traceable and attachment and proclamation under Sections 82 and 83 Cr.
There he found Devi Ram and Har Charan and arrested them but companyld number trace the boy Lalit.
On this the boy went to Ganga Prasad who took him to the shop.
Having companye to know the companyplicity of the other accused, the Investigating Officer with the police party went in search of them to Village Karhala.
P.W. 5 also identified Ex.
4, 5 and 10.
4 and 5.
When all efforts failed they apprehended that the child was kidnapped.
Thereafter the boy is alleged to have been taken to Village Karhala to which place the accused Radha Ballabh, his wife Smt.
Barfi and he also gave other details namely that the accused Ganga Prasad addressed the boy as Lalit and took him to the market and 2 3 days later he also saw the accused Bissu taking the same boy on the motor cycle and thereafter the boy was number seen.
The next stage is spoken to by P.W. 5, the cycle shop owner to whose shop these three accused alongwith the boy on motor cycle came and got the front wheel filled up with air.
However, on 9.7.76 and inland letter Ex.
P.W. 14 took up the investigation.
P.W. 6 stated that his house is towards west of the house of Radha Ballabh and some months ago he saw a boy in front of the house of Radha Ballabh in the companypany of his wife Smt.
They alongwith two others were tried for offences punishable under Sections 363, 364 and 365 read with 109, 368 and 386 read with 511 I.P.C. The trial companyrt acquitted all of them.
Two weeks later another letter Ex.
The same was duly sealed and recovery was effected under a panchnama.
The companyplainant Shyam Sunder, P.W. 1 son of Mohan Lal is a resident of Mohalla Chuna Kankar in the city of Mathura.
10 purporting to have been written by accused Bissu was received by P.W. 1 companytaining the details of entire episode of kidnapping of the boy by the accused persons including Bissu and others.
Accused Bissu, however, stated that police forced him to write the letters.
6 companytaining a letter Ex.
D.W. 1 Dr. R.C. Sharma, Lecturer in the B.S.A. College, Mathura stated that the accused Lalta Prasad and Raghuvir were students in the College and that their photographs were also published in the College magazine.
He also identified the three accused in the identification parade.
Barfi and Ganga Prasad was companyfirmed.
Two or three days later Badri Prasad, P.W. 6 and Ram Ratan Pradhan, P.W. 7 saw the accused Bissu taking the same child on the motor cycle towards Barsana.
That envelope companytained two pieces of cloth marked as Exs.
On 17.12.75 the Investigating Officer received information that the boy was being kept since 20 to 25 days in their house in Village Kamai by accused Devi Ram and Har Charan.
P.W. 1 gave information to the police companytrol room which was recorded in the diary at about 5 P.M. The police searched at various places and also announcements were made on the loud speaker as well as on All India Radio and the newspapers.
4 and 5.
1 to 10 are the companymunications sent by the kidnappers to the informant Shyam Sunder, P.W. 1 and his father Mohan Lal.
Jayachandra Reddy, J. These three appeals arise out of a companymon judgment of Allahabad High Court.
8 and 9 who belong to Village Kamai.
P.W. 9 also stated that 4 or 5 days later he saw accused Radha Ballabh and Bissu at the place of Devi Ram and Har Charan and thereafter the boy was number seen in the Village or at the house of Devi Ram and Har Charan.
They also gave the information that during the said period accused Radha Ballabh and Bissu were also seen at the place of Devi Ram and Har Charan and they were talking amongst themselves.
P.W. 2 Daya Shankar and one Jagmohan were eating kachauris in front of the said shop and they saw a woman and a man later identified as Smt.
4 and 10 who stated that they were present in the lane near the temple and they saw accused Lalta Prasad, Raghuvir and Bissu on a motor cycle and shortly thereafter accused Smt.
P.W. 5 also identified Ex.
Barfi, brother Bissu and nephew Ganga Prasad also belong.
He further stated that the boy was of fair companyour and one day at about 12 numbern the boy came to his house and asked for roti and dal and on being asked the boy gave his name as Lalit and his fathers name as Shyam Sunder resident of Mathura.
The companytents of the letters further establish that Lalit was kidnapped from the lawful guardianship of his parents on 26.9.75.
He got the information on 6.11.75 that P.Ws.
According to the prosecution, Ex.
The only defence suggestion is that these Exs.
They were sent by post and were received by the addressee in due companyrse.
of jalebi and gave the same to the boy.
The third set of witnesses companysists of P.Ws.
The woman asked the boy as to whether he would sit on the motor cycle and on the child responding affirmatively gave the boy to the person driving the motor cycle namely Lalta Prasad and told him to bring the boy after giving a ride.
4,5 and 9 and gave the opinion that it tallies with the subsequent handwriting of accused Bissu taken before the Court.
Basanti went towards the temple.
On this the Investigating Officer alongwith some members of the police force reached Village Kamai and made enquiries from P.Ws.
The next witness P.W. 2 spoke about having seen Lalit being brought to the Halwai shop and he identified Smt.
P.W. 8 also had a talk with the boy who gave his name as Lalit son of Shyam Sunder resident of Mathura and that after 20 to 25 days the boy was number seen.
There P.Ws.
On that day she was seen alongwith accused Radha Ballabh in the companypany of the missing boy at about 2.30 P.M. at the shop of Shankar Halwai on the outskirts of the Holi Gate.
There the boy was kept in the house of these accused persons for a few days during the companyrse of which Badri Prasad, P.W. 6 while passing one day in front of that house saw the boy in the lap of Smt.
9, the letter.
