STATE Vs. JAIGOVIND

JUDGEMENT

(1.) This is an appeal by the State under Section 417, Cr. P. C., against the acquittal of Jai Govind, accused. He was tried for the abetment of an offence under Section 386 and in the alternative under Section 411, Jaipur Penal Code, but was acquitted by the Ses. J. at Jaipur City. The circumstances which led to his prosecution are as under: On 19-8-1949, Thakur Saheb Kushal Singhji of Geejgarh, hereinafter to be referred to as the Thakur Sahab, received by post a letter Ex. 15, in a cover, Ex. 16. The letter was in block capitals and read as follows : "Thakur Kushal Singh, You are hereby given 10 days' time to collect Rs. 25,000 in used Rs. 10 notes (not serial nos.) bind them in 25 bundles put them in a cardboard box, wrap it securely in paper, tie with strings & seal the knot. On Monday, 29th August, take the parcel in your car on the Agra Road up to Mile 4, Reach there at 7.15 P.M. Go about 300 feet beyond the mile-mark. Send your driver back on foot to give the parcel to our agent who will be sitting at the mile mark. Our agent must not be spoken with. Then drive on towards Dausa & do not return for two hours. This is your first & final payment to us. There will be no excuse or escape, If you fail to follow the exact instructions or set a trap for our agent, or have him followed or disclose this communication now or later on, it will result in total destruction of your property & some family members, In addition you will still pay us Rs. 25,000 plus expenses or lose your life. N. I. C."

(2.) On receipt of this letter the Thakur Sahab took it to the Home Minister & asked for protection, The Home Minister passed it on to the Inspector-General of Police, Rajastan, for necessary action, who, in turn, made it over to P. Dwarka Nath, Superintendent of Police, for investigation. On receipt of this letter, P. Dwarka Nath went to the Thakur Sahab, & obtained two as. 10 notes, Exs. 18 & 14, from him. He got them signed by the Thakur Sahab, & thereafter gave them to Maganlal, Circle Inspeotor, & directed him to get them initialled by the City Mag , Jaipur, & to make 25 packets of pieces of paper cue to the size of Rs. 10 notes, each packet having 100 pieces of paper. The two notes, Exs. 13 & 14, after having been initialled by the City Mag , were placed on the top of two of these packets. The packets were placed in a cardboard box which was wrapped & tied & sealed with the seal of the Thakur Sahab, which P. Dwarkanath had taken for the purpose. The parcel having been made as per directions in the letter, Ex. 15, was brought back to P. Dwarka Nath who took it to the Thakar Sahab & instructed him to send it with his Kamdar in a big car to his (P. Dwarka Nath's) house at 6.45 P. M. He also instructed Govind Narajan, A.S.I, to reach Mile 4 on Agra Road on his cycle at 7.15 P. M. & to follow any one who started from Mile 4 stone after taking delivery of the parcel, & then to detain him. One party of police was sent 2-3 Miles beyond Mile 4 & another party in charge of Shri Udaisingh, Superintendent C.I.D. was instructed to stop at 2 1/2 on Agra Road about 6 30 p. M. P. Dwarka Nath was himself in charge of the third party, which started in the Geejgarh car, crossed the Mile & stone at the appointed time & stopped about 100 yards beyond it. There the Kamdar, Govind Narayan, gave the parcel to the driver, Hanuman Sahai, of the Police Lines Jaipur, who got down & walking back to Mile 4 stone, gave it to the accused who was waiting there. The accused tied the parcel with string on the luggage carrier of his cycle, Ex. 4, & started towards Jaipur. After a while Govind Narayan, A. S. I., challenged & detained the accused. By that time P. Dwarka Nath came to the spot & a little later Shri Udaisingh also. The accused was searched. The parcel," Ex. 2, wrapped in paper, Ex. 3, was recovered from the carrier of the cycle, Ex. 4. In a bag Ex. 5, were found a torch, Ex. 6, safety razor blade, Ex. 7, & razor, Ex. 8. In his shirt-pocket was found a letter Ex. 9.

(3.) On information given by the accused he & his cycle were taken by P Dwarka Nath to Mile 5 1/2 on the Ajmer Road There Sugan Ram, Head Constable No. 283, Jaipur, was made to put on the shirt of the accused & ride on his cycle with instructions that if a car came from behind & flashed its lights on & off four or five times, he was to cut the string with which the parcel was tied to the cycle & drop it on the road. A car did pass & turn & re-pass & return, but no signal, which the police were looking for, was flashed. The car was therefore allowed to proceed on without being stopped.