- (1.) HEARD both the sides.
(2.) THIS revision is directed against the judgment and order dated 27.9.1996 passed in G.R. Case No. 2723 of 1991/trial No. 190 of 1994 by the Sub -Divisional Judicial Magistrate, Jamshedpur, whereby he acquitted the accused persons, who are opposite party 'Nos. 2 and 3 here, namely, Yogendra Singh @ Pappi and Kewal Singh of the charge under Section 365 of the Indian Penal Code on the ground that there has been no participation of the accused persons and also on the ground that the prosecution has failed to prove the allegation beyond every reasons of doubt and also that the prosecution has not explained as to why the accused persons, though on demand Rs. 2.5 lakhs was deposited with Harnek Singh, had not come to take back that amount. The prosecution case, shortly stated, is that on 30.11.1991, when the informant Rajpal Singh, Harpal Singh and Rana were returning from his field at Madhaw Bag Colony on a Maruti car and when at 7.30 p.m., they reached near the gate of Madhav Bag Colony, two Sardar stopped the car. In the meantime two Sardar on Yamaha Motor Cycle and one in scooter came there. One Sardar sat on the back seat with Rana and two Sardars on the front seat, out of which, one Sardar sat on the steering seat and on the point of pistol diverted the car to a brick kiln. The Sardars on scooter and motorcycle were escorting the car. At that place they released the Rajpal Singh, informant and Rana, whereas they took Harpal Singh, who is the cousin brother of the informant alongwith them, they asked them for ransom. They told the informant to manage a sum of Rs. 2,00,000/ -. Subsequently, FIR was lodged against unknown persons. It is also stated in the fardbeyan that two persons were escorting the Maruti Van on scooter.
(3.) IT appears that during the course of investigation the T.I. Parade was conducted. The T.I. Chart has not been produced before the Court.;