MURARI LAL Vs. STATE

JUDGEMENT

(1.) Two persons Murari Lal and Inder Singh were challaned under Sections 365 and 392 Indian Penal Code Inder Singh absconded during trial.The appellant Murari Lal was convicted by the learned Additional Sessions Judgeon 16-4-1981 under Section 392 read with Section 397 I.P.G. By a separateorder of the same date, he was sentenced to rigorous imprisonment for sevenyears. He was acquitted of the charge under Section 365 because there wasno evidence to show that Murari Lal had an intention to kidnap RakeshKumar in order to secretly and wrongfully confine him.

(2.) Briefly, the case of the prosecution is that Jagdish Prasad Mittalcomplainant (PW 4) of Mittal Metal Corporation along with Rakesh KumarSinghal (PW 9) went from his shop in Sadar Bazar to M/s Bhanwar Lal &Bros. Pataudi House, Darya Ganj, Delhi, in an Ambassador car DHG 852driven by accused Inder Singh. Jagdish Prasad collected Rs. 50,000.00 fromthe said firm and put them in two brown paper bundles. He handed overthe bundles to Rakesh Kumar and asked the driver to carry him to his house.This occurred at about 12. 45 pm. on 20-8-1979. After sometime JagdishPrasad checked at his house but found that Inder Singh and Rakesh Kumarhad not reached. At about 3.20 p.m. he approached the Darya Ganj PoliceStation. His statement was recorded there in daily diary at No. 81-B (copyEx. Public Witness 19/A) which was forwarded to Jama Masjid Police Station asPataudi House fell into their area. It was delivered there at 4.20 p.m. videEx. Public Witness 17/A (DD No. 17 P.S.Jama Masjid). It was then marked for further action to Raja Ram S.I. (PW 17). Meanwhile, Jagdish Prasad receiveda message from Shanti Lal proprietor of M/s Bhanwar Lal & Bros. residentof Anand Lok, New Delhi, that his car DHG 852 was lying parked outsidehis house. The car was locked and its keys were placed on the front seat.There was no sign of struggle inside the car. The car was seized, vide MemoEx. PW3/A. Raja Ram (PW 17) recorded the statement of Jagdish PrasadEx. Public Witness 4/A at 7.30 p.m. and sent it to the Police Station where FIR Ex. PW10/A was recorded. Rakesh Kumar (PW 9) lodged a report with the PoliceStation Chanakya Puri at 8.40 p.m. Ex. PW9/A which bears the date20/21-8-1979 at top of it, vide DD No. 18-A. In this report name of the driveris Kishan (not Inder Singh). On 23-8-1979, his statement was also recordedunder Section 164 Cr. P.G. which has been put to Rakesh but not exhibited.The further case of the prosecution is that the driver took the car on to RaniJhansi Road and stopped it at some place telling Rakesh that he was going tobring tyre tubes. He returned 3-4 minutes thereafter and started the car.As soon as he did so, the accused Murari Lal came and said that the repairedtyre was at his shop and occupied the front seat near the driver. The driverthen drove the car to some lonely road. Murari Lal then jumped over tothe back seat, whipped a knife, placed it at his waist and took the bundles ofcurrency notes from him. Thereafter Rakesh Kumar and Murari Lal bothcame on the front seat. The driver then gave him two currency notes of Rs.5.00 each (Ex. P9 and Ex. P10) and dropped him at a road junction at SatyaMarg. Murari Lal and the driver drove away with the car and the bundles.Rakesh Kumar went to Sadar Bazar, but he could not find the place of thecomplainant. He then came to Darya Ganj, but failed to locate the placewhere the bundles were given to him. He then made his way to ConnaughtPlace, took up a bus and reached Greater Kailash to the place of RajeshKumar Garg where his brother Mahinder (PW 2) was married. He narratedthe incident to the mother-in-law of his brother. She telephoned and calledher husband R.K. Garg. He came and took him to Pahari Dhiraj andDarya Ganj, but failed to verify anything. He then made the aforesaidreport at police station Ghanakya Puri, Ex, 9/A. In this report the policeofficer recorded that the whole story was suspect and needed verification. Hedespatched Rakesh from the Police Station. But Raja Ram (PW 17) got athim. Rakesh produced before the Investigating Officer Raja Ram the twocurrency notes (Ex. P 9 and Ex. P 10) given to him by Inder Singh, vidememo Ex. Public Witness 4/D of 2-8-1979.

(3.) On 26-8-1979, Investigation Officer Raja Ram (PW 17) got asecret information that Murari Lal was involved in the crime and was tocome to the Paharganj bridge on that day. So, the Police along with Rakeshand Jagdish and other persons posted themselves at the Railway over-bridge,Paharganj and were successful in apprehending the accused Murari Lal atthe pointing out made by Rakesh. Eight currency notes of Rs. 10.00each(Ex. P1 to Ex. P8) were recovered from him, vide seizure memo Ex. PW4/B.Murari Lal made a disclosure statement Ex. PW4/G that money was kept byhim with his relative Thakurdas at Govindpuri. He took the police party tothe house of Thakurdas and at his asking Thakurdas (PW 3) produced thebag from which currency notes worth Rs. 16,125.00 were recovered, vidememo Ex. Public Witness 4/C. Meanwhile, Inder Singh appears to have gone to Agraand purchased a car No. USA 2597 from Muzaffar Khan (DW 13). He wasarrested on 8-9-1979 and a sum of Rs. 8600.00 was recovered in cash from him.The car USA 2597 was also seized. He also purchased a wrist watch) acycle and some clothes.