KAILASH CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE informant-petitioner has preferred this revision application against the judgment and order dated 29.01.2002 passed by the learned Judicial Magistrate, Ist Class, Banka in G.R. No.333/1997 by which he has been pleased to acquit the accused opposite party nos. 2 and 3 for the charges under Sections 364 and 365 of the I.P.C.

(2.) THE prosecution case, in brief, is that on 25.03.1997 at about 5.00 P.M., a letter was found in the bag of the informant demanding Rs.50,000/- failing which his son would be done to death. It was also mentioned in the letter that if the letter is disclosed in that event also his son would be killed. THE letter was shown to the co-villagers and when it came to the knowledge of Bablu Yadav, he scolded the informant on 28.03.1997 for disclosing the letter and abused him and threatened to kidnap and to kill the informant and his son. Prior to this occurrence, Bablu Yadav has taken Rs.1000/- from the informant at the shop of the informant as Rangdari tax. On the basis of the written report of the informant, police instituted Banka P.S. Case No.103/1997 against Bablu Yadav and two unknown persons. After investigation, charge-sheet was submitted against Bablu Yadav and Guddu Singh. Cognizance was taken. THE case was transferred to the learned Magistrate for trial. After the trial, both the accused have been acquitted for the offence punishable under Sections 364 and 365 of the I.P.C. by the learned Magistrate vide the impugned judgment and order.