LEELADHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two accused-appellants, namely, Pappu alias Sayeed Ahmed and Liledhar, son of Hemandas, were tried by the learned Sessions Judge, Jaipur City for offences under sections 120-B, 364, 302, 201 and 387 IPC. They have been convicted and sentenced for the said offences by the learned Sessions Judge, Jaipur City, Jaipur by his judgment dated March 13, 1981.

(2.) The accused-appellant Liladhar is son of Hemandas, real brother of Jethanand (PW 31) and as such nephew of Jethanand. Chandu alias Chandra Prakash deceased, a boy of 8 or 9 years, was the son of Jetha Nand (PW. 31) and as such a cousin of accused-appellant Liladhar. Jetha Nand (PW. 31) is a businessman and appears to be a man of some means. The case of the prosecution is that about 2 or 3 months prior to July 11, 1978, the two accused-appellants along with Nanakram (PW. 1), who turned an approver, hatched a conspiracy to kidnap Chandu alias Chandra Prakash and release him after demanding and receiving ransom from his father Jetha Nand (PW. 31) Nanak Ram earlier worked at the shop of Hemandas, father of Liladhar accused and as such was known to Liladhar. On July 11, 1978, it was decided by the two-accused appellants and Nanak Ram to execute their conspiracy and to kidnap Chandu. At about 5.30 or 6.00 p.m. that day Chandu deceased came out of his house and was going towards the shop to purchase toffee and the accused-appellant Liladhar met him near Govind General Stores and asked Chandu to accompany him for round of the city for pleasure. Chandu was made seated on the cycle-frame which was driven by Liladhar accused and reached near the mental hospital. The other accused-appellant Pappu alias Sayeed Ahmed and Nanak Ram also met there. A scooter was brought from the shop of Nandkishor (PW 14). The two accused-appellants and Nanak Ram (PW. 1) went towards Galta road, Jaipur where some namkin was purchased from Smt. Dakha (PW. 30). A rope was also purchased and the two appellants and Nanak Ram (PW. 1) took away Chandu towards Suraj temple and from there towards Amagarh and Helak. It had become dark and Liladhar became suspicious. It is alleged that Pappu Alias Sayeed Ahmed gave blows with empty campa cola bottle on the head of Chandu and also gave a few blows with stones lying there. Nanak Ram (PW. 1) also caused injuries to Chandu as a result of which Chandu died. The dead body of Chandu was thrown inside the 'tanka' and the two accused-appellants and Nanak Ram (PW.1) left that place.

(3.) The case of the prosecution further is that thereafter, demand of ransom was made from Jetha Nand (PW 31) on telephone on more than one occasion and the letters were also addressed demanding the ransom amounting to Rs. 25,000.00. The dead body of a boy was seen floating in the 'tanka' of Amagarh sometime on July 13, 1978 and Gul Mohammed (PW. 21) the then MLA was informed about the same. Gulmohamad in turn informed the police station about the fact and the dead body was recovered on the same day by PW 20 Girdhari Singh from Amagarh 'tanka' and it was identified as of Chandu alias Chandra Prakash.