the assertion that on 27.9.1992 his son Hari Darshan Kumar who was at the house under construction left the place in the evening about 5 P.M. with appellant Jai Prakash and proceeded towards Baria which was seen by his daughter Sudha Kumari P.W 1 who at that time had gone there to lighten Deepak. The two were followed hurriedly by some unknown persons, she informed her mother P.W 2 Shushila Devi. Further son of the Informant had given a shirt for stitching to Matro Tailor (Agam Kuaon) on 27.9.1992 in presence of his two friends Chandra Mohan and Rinku (both not examined) as intimated by him to his mother and with the receipt and Rs.5/- he was there at the site but left and missing and when her son did not returned in the night she directed one Santosh Kumar, P.W 6 to enquire from one Surendra Prasad Singh (Not examined), a relative as his Fufa but as told he was not there and thereafter enquiry and search was made from the relatives. Tailor P.W.7 was also directed not to hand over shirt to any one and if any one comes forward, to inform the Informant and police. On 6th October, 1992 it was known that some one has taken shirt. On enquiry the Informant came to know that the appellant Jai Prakash by producing receipt given information about supplier of receipt, i.e. sister of the victim and when the Informant tried to go with the appellant Jai Prakash, he hurriedly on his motor cycle bearing No. BR-O-9S1676 went away and when followed the Informant and others found he was threatening the tailor master not to disclose his name. On the basis of above the Informant raised doubt against the appellant who had earlier given threatening to kill the Informant and his family members. Police instituted the case. During investigation protest petition was also filed. However, on conclusion charge sheet was submitted for the offence under sections 364, 386, 120B and 34 of the I.P.C. and cognizance was also taken but after commitment of the case charge for the offence under sections 364 A, 120B and 386/34 of the I.P.C. was framed.
