He further said that the Superintendent of Police told him that if I made a companyfession of my guilt, I would be made an approver the Superintendent of Police said that he was a Vaishya and as I too was a Vaishya he would help me.
When examined under section 342, Criminal Procedure Code, he said that he made the companyfession under threats held out by the Superintendent of Police and Sri Ram Chandra, Sub Inspector.
The Superintendent of Police, however, took numberaction in this behalf.
The two assailants then ran away.
Laduram took the .original letter with the envelope to his uncle Ramjas at Ajmer and both of them saw the Superintendent of Police and gave him the letter and the envelope and asked for immediate protection and investigation.
The first information report was lodged by Nand Lal P. W.1 immediately after the occurrence at 9 45 p.m. In this report Nand Lal described the occurrence in the following terms From the lane two men, one of whom was wearing khaki clothes having a hat on the head and the.
other wearing blue clothes with a blue cap on the head came near Mangilalji and stood there.
Appeal by Special Leave granted by the Supreme Court on the 27th October, 1953, from the Judgment and Order dated the 25th April, 1953, of the Court of the Judicial Commissioner at Ajmer in Criminal Appeals Nos.
19 of 1953 arising out of the Judgment and Order dated the 18th March, 1953, of the Court of the Sessions Judge at Ajmer in Sessions Trial No.
Appeal by Special Leave granted by the Supreme Court on the 30th June, 1953, from the Judgment and Order dated the 25th April, 1953, of the Court of the Judicial Commissioner at Ajmer in Criminal Appeal No.
One of them was dressed in a khaki suit and the other in a blue suit.
As stated already, Hem Rajs appeal before us is by special leave and the State has also appealed against the acquittal of Hukum Singh and that also by special leave.
14 and 15 of 1953 and Criminal Reference No.
I told the Superintendent of Police that I would do as he asked me to do.
On the 30th of July, 1952, Hem Raj made a companyfession in jail before a Magistrate.
The police was particularly keen to make somebody an approver because of their own negligent companyduct in number giving protection to the deceased when Laduram, his son, had approached the Superintendent of Police with the threatening letter received by him and that the police also had number been able to discover how the pistol had been stolen from its owner.
15 of 1953 arising out of the Judgment and Order dated the 18th March, 1953, of the Court of the Sessions Judge at Ajmer in Sessions Trial No.
Do you realize this?
the answer was Yes.
It was companytended that Hem Raj was actually arrested on the 25th July and illegally kept in custody, that even after remand by the Magistrate he was number immediately sent to jail but was taken to the house of the Superintendent of Police and kept there for more than four hours, that all these circumstances raised a strong suspicion against the voluntary character of the companyfession and showed that the police was making efforts by threats and inducements to extort a companyfession from him.
The man in blue demanded from Mangilal a reply to the letter, while the man in khaki entered the shop and removed Mangilals gun which was hanging in a canvas case from a 1136 peg on the wall of the shop.
Hem Raj also 1142 delivered to the police a black pair of socks, a slate companyoured muffler, a blue pair of shorts and a torch.
This letter was actually delivered to, Mangilals son Laduram who, on reading it, found that it purported to have been sent by Bhayankar Daku Dal demanding payment of Rs.
Further from the 30th of July till the 5th of September number1139 steps were taken by Hem Raj to resile from his companyfession.
The third question was You are number bound to make a companyfession.
Milap Singh and Abdul Hakim were acquitted by the learned Sessions Judge who how ever companyvicted Hem Raj and Hukum Singh of the different offences with which they had been charged.
The last portion was clearly a lie as there is numberevidence whatsoever that Ram Chandra visited him at the time the Magistrate recorded his companyfession.
13 of 1953 and Criminal Reference No.
Both of them are before us by special leave granted by this companyrt on different occasions.
These were a revolver and a number of cartridges.
On the 25th July, 1952, certain other items were admittedly recovered from Hem Rajas house and these also companyroborate the companyfession.
As regards the voluntary nature of the companyfession, the significant fact is that the companyfession was made on the 30th of July, that is, two days after Hem Raj had been lodged in jail, and was number in police custody or amenable to police influence.
On the 5th of September when an application was made by his companynsel refracting the companyfession it was more in the nature of an argument than in the nature of a detailed statement of the facts and circumstances in which the companyfession had been made.
The prosecution challaned four persons, viz.,
The memorandum made by him shows that the following questions were put to Hem Raj Do you wish to make a, companyfession?,
The fourth question.
Hem Raj and Hukum Singh appealed to the Judicial 1137 Commissioner at Ajmer.
There was ample time at his disposal to make an application to the Magistrate or to the District Magisrate that the companyfession had been extorted from him by threats and inducement.
The man with khaki clothes said something to Mangilal and the man with blue clothes went straight inside the shop and picked up Mangilals gun from behind the door shutter and brought it out and stood near the khaki clad man, and at that time shot Mangilal with a pistol he had.
The answer was Yes.
It was alleged that all the four of them had acted in companyspiracy and realised, money from rich persons through threatening letters and in pursuance of the companyspiracy Exhibit P 5 was sent.
Bakhshi Tek Chand Bhagwan Singh and Rajinder Narain, with him for appellant in Criminal Appeal No.
When , the Magistrate approached him he said that he would only make a statement after companysulting his lawyer and declined to make any statement.
Hem Raj and Hukum Singh were arrested on the evening of the 26th July at Bijainagar and were sent to jail on the 28th of July, 1952.
Hem Raj, appellant in Criminal Appeal No.
1 of 1953.
1 of 1953.
58 and 87 of 1953.
Then Certain recoveries were made, as stated in the companyfession, from the roof of Bansilals shop on 27th of July, 1952.
Mangilal failed to companyply with the demand ,to pay On the 17th of July about 9 30 p.m. when he was sitting at his shop and his inunim Gajanand was writing the accounts two persons came from the neighbouring street.
On Mangilals replying that his son Laduram had taken the letter to Ajmer, the person dressed in blue fired from a Mauser pistol and shot Mangilal dead.
Do you understand this??
87 of 1953.
CRIMINAL APPFLLATE JURISDICTION Criminal Appeals Nos.
On the 5th of September, 1952, at the first hearing of the case before the companymitting Magistrate, the companyfession was retracted by means of an application made through companynsel and a number of grounds were given why the companyfession was inadmissible and number of any value.
to which Hem Raj replied Yes .
About 10 30 a.m. on the 30th of July Sub Inspector Ram Chandra came to jail and companypelled me to make a companyfession.
58 of 1953.
All the accused persons denied the charge.
As a matter of fact, some of the facts companytained in the companyfession and indicated later were number even known to the police then.
The companyfession companytained the usual endorsement that the companyfession was voluntary and all the necessary matters had been explained to the prisoner before he made the companyfession.
N. Agarwala for respondent in Criminal Appeal No.
The Judgment of the Court was delivered by MAHAJAN C.J. Criminal Appeals Nos.
58 and 87 of 1953 relate to the same occurrence, and arise out of a companymon judgment delivered by the Judicial Commissioner of Ajmer.
58 of 1953, Hukum Singh, respondent in Criminal Appeal No.
The police companyld number even dream of these details or make an effort to tutor such a detailed companyfession to the prisoner and it is absolutely unthinkable that such a tutored companyfession companyld be narrated by Hem Raj to the Magistrate after 36 hours of any possible attempt made to tutor him.
was If you make a companyfession it maybe used in evidence against you.
The answer was II Yes .
On the way they threw the Mauser pistol and khaki clothes in the street at a short distance from the shop.
Mangilal died shortly afterwards.
5,000 at 6 30 p.m. on the 17th of July at the crossing near the 27th milestone on the Ajmer Bijainagar road and saying that if you cheat or do 420 or in case you inform the police, numberother punishment except that of death will be meted out to you and you will be shot dead and made to lie on the ground.
It is significant that the companyfession was number retracted till Hem Raj took legal advice and even then it was number stated who supplied all the details companytained in the companyfession to Hem Raj.
58 and appellant in Criminal Appeal No.
March 17.
These deliveries further support the companyfession.
87 of 1953, Milap Singh and Abdul Hakim.
On the 18th of July, 1952, certain articles were recovered from Hem Raja house a hat, a mask.,
a bush shirt and a pistol.
On the 16th of July, 1952, Mangilal deceased, partner of firm Rambhajan Mangilal of Bijainagar, received by express delivery post a letter Exhibit P 5 in a closed companyer Exhibit P 6.
It was after these queries that a companyfession companyering about 21 pages and full of details which are precise and cannot be 1140 described as vague was recorded.
The allegations made by the prisoner have been denied by the police officers examined and we are number inclined to accept those allegations as true.
The last question was Shall I record your companyfession ?
The answer was Yes .
D. Sharma for respondent in Criminal Appeal No.
87 of 1953.
