For this reason if you want to see your son safe and sound, you should send a sum of Rs.
If you agree to pay the sum of Rs 10,000 you should put a markon the wall in front of your kothi.
On this occasion the blade of the knife was left in the stomach and the handle remained in his hand.
Shri K. D. Chauhan, Ram Bharosey and I stood up from there and went to our houseS After the money was taken out it was put into the box of Ram Bharosey.
The first of these letters purports to have been sent by post on June 10, 1952, and is as follows Lala Kishan Das Ji, Your son Om Prakash reached me through the cleverness of my disciples, and by the time this letter reaches you, he will be several hundred miles away from here.
The fourth letter dated the 23rd purports to offer a companycession and undertakes to accept Rs.
On the day on which the money was kept on the bridge in front of the Agriculture College ?
600 per month and believed to be rich.
Appellant, Ram Bharosey, is a person, about 49 years in age and was a clerk in the Municipal Office at Allahabad.
There was numberindication whether this meant 3 p. m. or 3 a. m. Chauhan went to the Junction railway station at 3 p. m. and did number find his son.
The letters also undertook that the boy will be restored the next day after the payment.
Thereupon another letter dated the 28th June was received which intimated that the mark put by him has been seen, but that numberhing less than Rs.
The handle of the knife was also thrown in the water.
5,000 would be received and giving detailed instructions as to where the money should be kept and who all are to accompany for his assistance.
Chauhan ultimately agreed to pay Rs.
In the companyrse of teaching him swim ming Ram Bharosey and I drowned him In the water.
Ram Bharosey had some suspicion at the railway station on account of some talks between K. D. Chauhan and Durga Das to the effect that they were suspecting Ram Bharosey.
This letter informs about the receipt of the ransom and intimates Chauhan that he need number be anxious about the boy, that he should number search for him in vain and that he can shortly meet his son and be satisfied.
After having deposited the amount, these persons in two batches were waiting at each end of the Jumna railway bridge.
The appellant, Ram Chandra, is a person about 25 years in age, who has received education up to Matriculation standard and was working at the time as a clerk in the Accountant Generals office U. P. He is said to have been a native of Kohat number part of West Pakistan.
He dealt the third blow also on the stomach.
5,000 and reiterating also the instructions given in the previous letter as to the place where the money is to be kept, the persons who are to accompany, and other details and precaution This was followed by another letter dated 3 7 1952, companytaining some further instruction It is in evidence that in pursuance of the various instructions, Chauhan with his party, including the two appellants, went to the spot.
On the following day, i.e., on the 5th of July, that is, the day on which the boy was to be received, Ram Bharosey and I went to the railway station.
Then both of us were reached at the Kotwali.
Zalim Daku.
The appellant was sent to Naini Central Prison on the 13th July.
4,650 and the numbers thereof tallied with the numbered number It may be mentioned that on the 7th July Chauhan received another letter purporting to be from Zalim Daku bearing date 5th July.
This letter indicated that Chauhan should go to the Allahabad Junction railway station tomorrow i.e. 5th July at 3 Oclock and take his son away.
Having thus brought about his death and disappearance on the evening of 9th June 1952, they sent a series of threatening letters purporting to be from one Zalim Daku on various dates companymencing from June 10, up to July 4, 1952 and pretending that the boy was in his possession and that if a sum of Rs.
The appellant, Ram Chandra, as already stated was arrested on the 6th July 1952.
He dealt another blow on his stomach.
Investigation showed that all the letters received by Chauhan purporting to have been sent by Zalim Daku were in the handwriting of the appellant Ram Chandra, according to the opinion of the hand writing expert.
At the trial there were five other companyaccused charged in respect of the same offences but they were all acquitted.
The appellants were thereafter tried and companyvicted in respect of charges under Section 120 B, Sections 302, 201, 364 and 386 read with Section 120 B or in the alternative with Section 34 of the Indian Penal Code.
The place indicated is a small culvert after passing over the railway bridge on the river Jumna.
He waited on till 3 a. m. The two appellants came there at about 12 in the night ostensibly to keep companypany with him.
4765 Rs.
At 5 a. m. on the 6th of July the police arrested Ram Bharosey and me.
The circumstances relating to the recording of this companyfession are the following.
Altogether seven letters were received, Exs p 2 to p 8.
He then came to my house and took me with him.
3,000 up to 1st July and along with it the mark indicated in the previous letters was put.
K. D. Chauhan and Durga Das also reached the station When in spite of waiting for the boy till night he companyld number be found, Ram Bharosey and I went home at about 10 Oclock on the pretext of taking our food.
Thereafter both of us returned to the railway station.
My men are following you companystantly and I am regularly getting information regarding every minute.
He went into a room therein and dug the ground and brought out two bundles companytaining currency numberes of ten rupee denomination.
They were sentenced as follows, to death under Section 302, I.P.C., to transportation for life under Section 364, I. P. C , to ten years R. I. under Section 368, I. P. C , and to seven years R. I. under Section 201, I. P. C. No separate sentence was awarded in respect of the offences under Section 120 B. These companyvictions and sentences were companyfirmed and upheld by the High Court on appeal, and hence this appeal by both the appellant.
picked up the money and put a letter in the bag which I had written before.
It is also beyond dispute that the boy, Om Prakash, left his house about numbern on the 9th June 1952, and is missing since then.
The numberes totalled a sum of Rs.
On 16th or nth July I was examined there by Sri Cha turvedi.
The police came on the spot and arrested both the appellants at the station and recovered one ten rupee numbere from a betel shop keeper closeby who stated, at the time, that the appellant Ram Bharosey gave that to him for the purchase of betel leaveS That currency numbere was subsequently found to be one of the numberes whose numbers had been numbered.
5,000 and getting their numbers numbered by him.
On Sunday the 8th June 1952, Om Prakash, Satya Prakash and I started from the house.
She did number ask him why he was making the companyfession, which is the most important question to be put to a person who wants to companyfess She did number care to find out for how long he had teen in jail and police custody, what was the treatment meted out when he was in police custody and whom he had interviewed in jail.
The prosecution case is that in pursuance of a companyspiracy between the two appellants and the acquitted accused, the boy was taken by the two appellants and one Satya Prakash, to the river Jumna on the evening of the 9th June 1952, and that the two appellants took him into the river pretending to teach him swimming and drowned him there forcibly and also stabbed him with a knife.
Chauhan lodged a companyplaint to the police about the disappearance of the boy on June 10, 1952, the very next day.
The recoveries of the numberes from his possession were partly on the 6th and mostly on the 7th, the total amount so recovered being Rs.
The case against both the appellants is that they, along with the five others who have been acquitted, companyspired to extort a sum of Rs.
On reaching there Ram Bharosey took out a ten rupee currency numbere, which was out of the same money and purchased cigarettes at the railway station from the shop of the cigarette vendor.
115 was recovered out of which eleven ten rupee numberes tallied with the numbered number On the 7th July the police officer interrogated both the appellant Following that interrogation, Ram Chandra with the police proceeded to his house.
Both the appellants were companyvicted and sentenced for having companymitted various offences inclusive of the offence under Section 302 of the Indian Penal Code and sentence of death there for against each.
Many such letters were sent in the same way.
During this period the police were also on the track.
The searches of our houses were also taken.
After taking the money from there, Ram Bharosey and I reached my house and buried the money under the ground.
Chauhan was also keeping the police in touch with all the stages and was handing over to them then and there every letter that he was receiving from Zalim Daku.
Ram Bharosey had left for the direction of the temple of Someshwar Mahadeo, before us After that all the three of us went to Ram Bharosey near the temple after passing over the Yamuna Bridge, behind Arail and along the canal.
The victim of the offences was a boy named Om Prakash aged about 14 year He is the son of one Chauhan, a civil gazetted officer in Ordnance Depot, Chheoki, Allahabad, drawing a pay of about Rs.
10,000 from Chauhan by kidnapping and murdering his son, Om Prakash.
Thereafter all of us, i.e., K. D. Chauhan Diwan Chand, Durga Das, Ram Bharosey and I myself returned from there and reached the house.
Both the appellants were arrested on July 6, 1952.
Appellant Ram Chandra made a companyfession before a Magistrate on October 10.
For this reason he said to me that I should take the money and keep it with me.
Thus both these appellants were arrested on the early morning of the 6th July.
But ultimately the boy was number restored though the money was taken away.
His knee part of the body was towards me and the rest was towards Ram Bharosey.
Put the mark resembling such two lineS If you do number agree to pay the amount put a mark like X. In case the money is number given, the head of your son will be cut off and you would receive the same within 15 dayS When I see the mark like this a letter will be sent to you again wherein the name of the place and the names of the persons will be mentioned.
The police traced the possession of some out of these numberes to the appellant A substantial number of these numberes were recovered from the appellant, Ram Chandra, and one numbere was traced to the appellant, Ram Bharosey.
On the next day, that is, on the 10th of June the scheme of writing the letters tor extorting money was prepared.
But before doing so he got the numbers of the actual currency numberes which he was about to give to the person purporting to be Zalim Daku, numbered by the Additional District Magistrate on the 3rd and 4th July.
In that case the head of your son will be cut off and will be sent to you.
During this period they were companystantly moving with Chauhan posing themselves as his friends to help him in tracing the boy but in fact misleading him from the right track and persuading him to agree to pay up the amount in order that he may be able to recover the boy.
i. e , the culvert near the Jumna railway bridge and placed there the sum of Rs.
It Was found that the money was lifted away by some unknown person at about 8 30 p.m. and that in its place a letter dated the 4th July was placed.
5,000 in a bag.
It is to be numbered that the two appellants are to be amongst those who, according to the writer of that letter, are insisted upon for accompanying Chauhan when he goes to deposit the money at the appointed place and at the appointed time.
In spite of strenuous efforts to trace him he has number so far been found.
This letter was accompanied by another letter dated the 1st July reiterating that he cannot take anything less than Rs.
After companying out from the water we put them on.
All of us remained sitting at the railway station throughout the whole night.
The companyfession was retracted at the trial.
I caught hold of his feet so that he might number move them and Ram Bharosey put his feet on his neck and pressed it.
It is in evidence and number disputed, that the boy, Om Prakash, was in the habit of going to appellant, Ram Chandras house number and then and mixing with the members of that family, including Ram Chandra.
On a search of appellant Ram Chandras house, a sum of Rs.
A sketch also was attached to the letter indicating the place where the money in a bag was to be kept.
When he paid the ransom on July 4, he took the step of previously producing before the Additional District Magistrate the currency numberes of Rs.
Afterwards Ram Bharosey went to the Civil Lines and I returned home.
You should particularly bear this thing in mind.
10,000.
The next letter is dated June 17, and informs Chauhan about the futility of running after the police to help him to trace his son and tells him that the writer will give him only three chances, this letter being the second chance and the third chance to be given by a letter to be written after the 20th.
The third letter dated June 22, informed him, that in spite of his writing to him that his son is with him, he is trying to approach the police and that the police cannot trace his son, that his son is sad and deteriorating in health, that he has written to him for the last time and that he cannot delay the matter for more than a week at the most and that in case his terms are number acceptable he will number hesitate to put an end to the life of the boy and that he should paste a paper on the outside of his door companytaining the mark of two lines and that all this must be done by the evening of the 24th.
The letter companytains a number of other details indicating knowledge of the writer about the movements of Chauhan and his companytacts with the police and the movements of various other persons along with Chauhan including the two appellant The third and fourth, letters dated June 22 and 23, were received on the same day enclosed in one companyer.
Jagannadhadas, J. These are two appeals by special leave against the judgment of the High Court of Allahabad companyfirming that of the Sessions Judge of Allahabad.
After that the clothes of Om Prakash were tied on him.
His shoes were filled in with wet earth and were thrown into the water.
Both of them were living in the same street in Allahabad as Chauhan.
Thereafter Satya Prakash returned home through the way of Dariyabad and Ram Bharosey and I reached the Chowk, via Atarsuiya.
I wrote the letter after companying to office.
He was taken a little ahead in the water and was pushed ahead there.
The appellants were arrested before receipt of this letter.
