JUDGEMENT
Subba Rao, J. -
(1.)This is an appeal by special leave against the judgment of the High Court of Judicature for Rajasthan dated August 1, 1958, confirming the Judgment of the Additional Sessions Judge, Churu, dated May 3, 1957, in so far as he convicted the appellant under Ss. 347, 365 and 386, I. P. C. and setting aside his order acquitting the appellant under S. 458, I. P. C., and convicting the appellant under S. 452, I. P. C. the learned Additional Sessions Judge sentenced the appellant for the offences under Ss. 347, 365 and 386, I. P. C., to undergo rigorous imprisonment for 1 year, 2 years and 3 1/2 years respectively. The High Court enhanced the sentences in respect of the offences under Ss. 347 and 386, I. P. C., to 3 years and 8 years respectively, and also imposed a fine of Rs. 20,000/- on the appellant; the sentence in regard to the offence under S. 365, I. P. C., was confirmed. The High Court further found that the appellant was guilty under S. 352, I. P. C., also and for that offence it sentenced him to undergo rigorous imprisonment for 7 years.
(2.)At the outset it would be convenient to state briefly the case of the prosecution. One Kashiram, a prosperous businessman, was residing at Sidhmugh. His only son Suraj Bhan was living at Rajgarh where he was carrying on an independent business of his own. On November 12, 1954, when Suraj Bhan was at his desk in his house, somebody made an enquiry whether one Rameshwar was there, to which Suraj Bhan replied in the negative. A few minutes thereafter, two men with masks entered the room and one of them was armed with a revolver. The said two persons threatened to shoot Suraj Bhan if he made any noise and then took him outside the house where two camels were kept waiting attended by two other persons similarly masked. After covering the face of Suraj Bhan by tying a cloth round his neck, he was made to mount one of the camels. The two persons who pulled Suraj Bhan out of his house also mounted the same camel, one in front of Suraj Bhan and the other behind him. After firing some shots in the air, presumably to prevent pursuit, the said persons, along with Suraj Bhan, left the place. After riding for 3 or 4 hours, the camels were made to stop on a railway line, the said persons got down from the camel, Suraj Bhan was also made to get down, and all of them went along the railway line for 3 or 4 furlongs. Thereafter, Suraj Bhan was taken to the house of the Deep Chand, the appellant, in village Kalari and was kept there in confinement in a small room for 17 days. During the entire period he was kept blindfolded. Two or three days after the abduction, Suraj Bhan was made to write three letters to his father and put down his father's address on the envelopes. He was made to write these letters under the cover of a blanket after his bandage was removed temporarily. In the first letter he was made to write that if his father reported the matter to the police, he would not see his son again; in the second letter, he was made to inform his father that in view of the attempts made by his father to trace him, his abductors had made up their minds not to release him, but in view of his entreaties they had agreed to release him on payment of a ransom of Rs. 60,000/-; and in the third letter, he was made to write that the money should be handed over to the bearer of the letter and that he would be released on such payment. After the receipt of the first two letters by Kashi Ram, the abductors entered on the second stage of negotiations. Meanwhile, to facilitate the smooth conduct of the negotiations, on November 29, 1954, Suraj Bhan was removed to the house of one Lachhman and was confined there till his release. Kashi Ram has a son-in-law by name Shiv Bhagwan, the son of one Durga Parshad. Dhannaram and Shiv Bhagwan knew each other. Dhannaram offered to help Kashi Ram to get the release of his son. Dhannaram gave a letter addressed to Deep Chand to Durga Parshad wherein Deep Chand was requested to render his help in the matter of the release of Suraj Bhan. On the basis of the letter, Durga Parshad contacted Deep Chand, who promised to do his best in the matter. After further talks, Dhannaram met Shiv bhagwan and told him that Suraj Bhan was alive but a large sum would be required as ransom to get his release. He also warned him not to divulge the secret, for, if he did so, not only the life of Suraj Bhan but also of other relations would be in danger. He demanded Rs. 70,000/- as ransom, but after some higgling it was fixed at Rs. 50,000/-. The third letter written by Suraj Bhan at the instance of Deep Chand was shown to Shiv Bhagwan and to his father Durga Parshad to assure them that Suraj Bhan was alive. After satisfying themselves of the bona fides of the negotiations conduced by Dhannaram, Shiv Bhagwan and Durga Parshad went to the house of Dhannaram where they found Deep Chand. The sum of Rs. 50,000/- was paid to Dhannaram and Deep Chand; and both of them counted the money. The money was paid on December 17, 1954, and Suraj Bhan was released on December 20, 1954.
(3.)Five persons, namely, Deep Chand, Sisram, Jiwan Ram, Dhannaram and Ramji Lal, were prosecuted in the Sessions Court for the aforesaid offences. The learned Sessions Judge acquitted Ramji Lal, Dhannaram and Jiwan Ram, and convicted Sisram under Ss. 347 and 365, I. P. C., and Deep Chand as aforesaid. Nothing more need be said about the conviction of Sisram, as on appeal he was acquitted by the High Court and no appeal was preferred by the State against his acquittal. The learned Sessions Judge, on a consideration of the entire evidence placed before him, held that there was overwhelming evidence to show that Deep Chand detained Suraj Bhan in his house for sometime and thereafter in Lachhman's house and released him on payment of a ransom. But he held that there was not sufficient evidence to find definitely that Deep Chand participated in the abduction of Suraj Bhan on November 12, 1954, from the latter's house. On these findings, he convicted Deep Chand under Ss. 347, 365 and 386, I. P. C. Deep Chand preferred an appeal against his conviction, and the State filed an appeal against the judgment of the learned Sessions Judge in so far as he acquitted Deep Chand of the offence under S. 458, I. P. C. The State also preferred a revision for enhancing the sentences passed on Deep Chand. All the matters were heard together by the High Court and, on a resurvey of the entire evidence, it agreed with the Sessions Judge that Suraj Bhan was confined in the house of Deep Chand and later on in the house of Lachhman and that he extorted money from Kashi Ram by putting him under fear of death of his son, Suraj Bhan. Disagreeing with the Sessions Judge, the High Court further held that it had been established on the evidence that Deep Chand was one of the persons who abducted Suraj Bhan from his house on November 12, 1954. In the result, the High Court convicted the appellant not only under Ss. 347. 365 and 386. I. P. C., but also under S. 452 thereof. In the matter of enhancement of the sentences it was of the view that the case deserved an exemplary punishment and, therefore, it enhanced the sentenced as aforesaid. Deep Chand preferred the present appeal by special leave.