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High Court Of Rajasthan
Judgename : Nawal Kishore,Sharma
STATE - Appellant
Versus
JAIGOVIND - Respondent
Cr. Appeal 44 Of 1950
Decided On : 10/16/1950
CRIMINAL LAW - ABETMENT - EXTORTION - RECEIVING STOLEN PROPERTY - ESSENTIAL INGREDIENTS - EVIDENCE - INSUFFICIENCY - ACQUITTAL - JUSTIFIED.
Fact of the Case:
The accused was charged with abetment of extortion and, in the alternative, with receiving stolen property. The prosecution alleged that the accused had received a parcel containing two Rs. 10 notes, which had been extorted from the complainant by a secret organization called "N.C.". The accused claimed that he had acted under the belief that he was simply passing on a present from a lover to the object of his love.
Finding of the Court:
The court found that there was no evidence to show that the accused was in conspiracy with "N.C." for the purpose of extorting money from the complainant. The court also found that the accused did not know that the parcel contained stolen property. Therefore, the court acquitted the accused of both charges.
Issues: 1. Whether the accused was in conspiracy with "N.C." for the purpose of extorting money from the complainant? 2. Whether the accused knew that the parcel contained stolen property?
Ratio Decidendi: 1. To establish abetment by conspiracy, there must be a combining together of two or more persons in the conspiracy and an act, or illegal omission must take place in pursuance of that conspiracy, and in order to the doing of that thing. 2. In order to constitute the offence of receiving stolen property under Section 411 of the Penal Code, the accused must dishonestly receive or retain any stolen property knowing or having reason to believe the same to be stolen.
Final Decision: The court dismissed the appeal and upheld the acquittal of the accused.
SHARMA, J.
( 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 and 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 and do not return for two hours. This is your first and 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 and some family members, In addition you will still pay us Rs. 25,000 plus expenses or lose your life. N.. C. "
( 2 ) ON receipt of this letter the Thakur Sahab took it to the Home Minister and 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, and obtained two as. 10 notes, exs. 18 and 14, from him. He got them signed by the Thakur Sahab, and thereafter gave them to Maganlal, Circle Inspeotor, and directed him to get them initialled by the City Mag , Jaipur, and 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 and 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 and tied and 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 and instructed him to send it with his Kamdar in a big car to his (P. Dwarka Naths) 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. and to follow any one who started from Mile 4 stone after taking delivery of the parcel, and then to detain him. One party of police was sent 2-3 Miles beyond Mile 4 and another party in charge of Shri Udaisingh, Superintendent C.. 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 and stone at the appointed time and 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 and 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, and started towards Jaipur. After a while govind Narayan, A. S.. , challenged and detained the accused. By that time P. Dwarka Nath came to the spot and 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 r
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