JUDGMENT Both the appeals arise out of the same judgment of conviction dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions Trial No. 173 of 2000. 2. Both the appeals are directed against the Judgment of conviction dated 13.9.2001 and order of sentence dated 18.9.2001 passed by Sri William Minj, 1st Additional District & Sessions Judge, Bokaro at Chas in Sessions Trial No. 173 of 2000, by which judgment he found the appellants, Bablu Dutta and Kalim Ansari (Cr.Appeal No. 443/2001) guilty under Section 412 of the Indian Penal Code and sentenced them to undergo R.I. for 10 years and also found the appellant. Jamal @ Jamaluddin Ansari (Cr.Appeal No. 463/2001) guilty under Section 395 of the Indian Penal Code and sentenced him to undergo R.I. for 10 years. 3. It is submitted by the learned counsel for the appellants that although the Investigating Officer has proved the seizure of ambassador car, which is said to have been used during dacoity and has also proved the seizure-list of the recovered notes and other documents from the possession of accused-appellant, Bablu Dutta and Kalim Ansari, but the said notes were not put on T.1. Parade and T.I. Parade of the said accused persons which was conducted by Judicial Magistrate, 1st Class, Bokaro, was also not proved nor the T.I. Parade of the ambassador car which was conducted by the Block Development Officer was proved in Court and as such in absence of proof of T.I.P. Chart they cannot be relied by the Court and hence the conviction of the appellant is bad and fit to be set aside. 4. On the other hand, learned counsel for the State has supported the prosecution case and stated that although T.I.P. Charts have not been brought on record, but T.I.P. was done and as such they have rightly been convicted. 5. After hearing both the parties and going through the record, I find that the prosecution case was started on the basis of a Fardbeyan given by P.W.1, Nayan Kumar Singh on 21.10.1999 to the Officer-in-Charge Chas (M) Police Station at 14.15 Hrs. stating therein that he alongwith his co-medical representative, Arjun Sao were working as salesmen of M/s. Poddar Pharma, Joraphatak Road, Dhanbad had came to Chas-Bokaro in a Maruti Van of Poddar Pharma to deliver medicines. stating therein that he alongwith his co-medical representative, Arjun Sao were working as salesmen of M/s. Poddar Pharma, Joraphatak Road, Dhanbad had came to Chas-Bokaro in a Maruti Van of Poddar Pharma to deliver medicines. While they were returning from Chas-Bokaro after giving medicines to the various medical shops in Chas-Bokaro and collecting money of the supply already made at about 4.30 P.M. and further they proceeded to Dhanbad. Then, on the way near Railway Gumti, Pupunki where the road was not good about 100-'25 yard and their car became slow. In the meantime, a cream coloured ambassador car came from behind and stopped the Maruti Van by force. Four five persons armed with pistol came down from the ambassador car. One of the criminals had a pistol in his hand put the pistol on the head of the driver. Thereafter, one of the accused assaulted him with fists and took out Rs.12,6401-, which he had taken from the medical shop. Another accused at the point of pistol took out the collected amount of Rs.13,2971- from the pocket of his colleague Arjun Sao. He also took the cartoon of medicines alongwith the collection order form of the Company and diary etc. One of the criminals assaulted the driver Ram Singh Bahadur with butt of the pistol, as a result of which he sustained injury. Thereafter they fled away towards Chas-Bokaro boarding the ambassador car bearing No. D.B.1. 3353 and snatched away the key of the maruti van. All the accused persons-appellants aged about 25 to 30 years. 6. On the basis of the said fardbeyan the police registered a case under Sections 395/397 of the Indian Penal Code and subsequently after recovery also under Section 412 of the Indian Penal Code and submitted charge-sheet under all three sections. 7. Since, the case was exclusively triable by a court of sessions, the same was committed to the court of sessions and the 1st Additional Sessions Judge, Bokaro subsequently tried the case and found the appellants guilty as aforesaid. 8. It appears that in course of trial the prosecution has examined a witnesses. P.W.1, Nayan Kumar Singh (informant). P.W.2,Arjun Sao. P.W.3, Ram Singh Bahadur. P.WA, Fakhruddin Ansari. PW.5, Surajnath Yadav. P.W.6, Rashid Ansari. P.W.7, Prakash Rai and P.W.8, Anjani Kumar Singh is the Investigating Officer of the case. 9. 8. It appears that in course of trial the prosecution has examined a witnesses. P.W.1, Nayan Kumar Singh (informant). P.W.2,Arjun Sao. P.W.3, Ram Singh Bahadur. P.WA, Fakhruddin Ansari. PW.5, Surajnath Yadav. P.W.6, Rashid Ansari. P.W.7, Prakash Rai and P.W.8, Anjani Kumar Singh is the Investigating Officer of the case. 9. P.W.1 the informant and P.W.2 the colleague of the informant have fully supported the prosecution case and have stated in Court that on the date of occurrence i.e. 21.10.1999 while they were returning after collecting money from the medical shops on the maruti van of their Company M/s. Poddar Pharma then near Railway Gumti, Pupunki where the road was not good about 100-125 yard and their car became slow. In the meantime, a cream coloured ambassador car bearing No. D.B.1. 3353. overtook the maruti van and stopped by force. Thereafter, four five persons came down from the ambassador car with revolver in their hands and thereafter they robbed them and took out cash and other medicines with form etc. Then, they went back to Chas-Bokaro by the same vehicle. They also took Rs.12,640/- from the person of the informant and also took out Rs.13,297/- from the person of his colleague alongwith his calculator, pen and medicine cartoon. Thereafter they gave information to the police and the police also attempted to chase the accused persons, but could not get. He has proved his signature on the fardbeyan as Ext.1. He also stated that he used to sign with the name of Firm on the currency notes from where• the money had collected. He also stated that he had identified the one person in the T.I. Parade, but today in Court he cannot identify any of the accused persons. P.W.2, Arjun Sao has also supported the statement as given by P.W.1, Nayan Kumar Singh. He also stated that he had identified the one person in the T.I. Parade, but today in Court he cannot identify any of the accused persons. P.W.3, Ram Singh Bahadur also proved the factum of the dacoity that while he was driving the maruti van and was going towards Chas-Dhanbad. Then, near Pupunki Railway gate his maruti car became slow due to road jam. In the mean time, a cream coloured ambassador car bearing No. D.B.I. 3353. came behind and stopped by force. P.W.3, Ram Singh Bahadur also proved the factum of the dacoity that while he was driving the maruti van and was going towards Chas-Dhanbad. Then, near Pupunki Railway gate his maruti car became slow due to road jam. In the mean time, a cream coloured ambassador car bearing No. D.B.I. 3353. came behind and stopped by force. Thereafter, four five persons came down from the ambassador car and assaulted him with butt of the pistol and snatchetJ away the key of the maruti van. They also looted collected money and order form from the various medical shops from two passengers i.e. the informant and his colleague. namely, Nayan Kumar Singh and Arjun Sao. Thereafter they went back on the same vehicle towards Chas-Bokaro. P.W.4, Fakruddin has proved his signature on the seizure-list of the car, which belonged to Jamalludin as Ext. 1/1. P.W.5, Suryanath Yadav has proved his signature on the seizure-list of the currency notes as Ext. 111 and stated that the seizure-list is in respect of Bablu Dutta and also proved the seizure-list of notes with regard to accused, Kalim Ansari as Ext.-11 .3, but denied that the seizure-list was made in his presence from the person of the accused persons. In his cross-examination, he denied that he stated before the police that from the possession of Bablu Dutta ten currency note of 100 denomination was recovered with the signature of the informant and another notes were recovered from the bag in his possession. He also denied that ten currency note of 100 denomination and another currency note of Rs.501- from the pocket of Kalim Ansari and other articles have also been recovered as such bag containing order book, of M/s. Poddar Pharma, and assessment form of Bhawani Medical, Chandan Medical and Rex Medical shops. P.W.6, Rashid Ansari also proved his signature on the seizure-list of the ambassador car as Ext. 1/4. P.W.7., Prakash Roy also proved his signature on the seizure-list of the currency notes as Ext. 1/5 & 1/6, but it is stated that no seizure-list was prepared in his presence. P.W.8, Anjani Kumar Singh, the Investigating Officer of the case. He proved his signature on the fardbeyan as Ext. 2. He also proved the formal F.I.R. as Ext. 3. P.W.7., Prakash Roy also proved his signature on the seizure-list of the currency notes as Ext. 1/5 & 1/6, but it is stated that no seizure-list was prepared in his presence. P.W.8, Anjani Kumar Singh, the Investigating Officer of the case. He proved his signature on the fardbeyan as Ext. 2. He also proved the formal F.I.R. as Ext. 3. He stated in para 7 that from the statement, of Jamaluddin he could know that the ambassador car was used in the dacoity •which was number as D.B.T. 9353, but before dacoity the number was changed to D.8.1. 335. He also stated that the car was lying in his village from where it was recovered. He also recovered the papers of .the car which shows that the owner was Abdul Hassan and it was transferred to him. He also stated in para 9 that during investigation on the confessional statement of Jamalludin he arrested the accused, Bablu Dutta and Kalim Ansari and recovered ten currency note of 100 denomination from the possession of Bablu Dutta. In one of the notes "Chandan Medical 100x1 A" and small initial was found written and also a attachie was also recovered from accused-appellant, Bablu Dutta and he recovered one small adhesive black tape. He has proved the seizure-list concerning accused Bablu Dutta, which is marked as Ext. 4/1. He also recovered order form of Poddar Pharma and estimate form etc. from accused, Kalim Ansari. He also stated that after completing the investigation he submitted charge-sheet in the case. He had also got the T.I. Parade of the accused persons as also T.I. Parade of the ambassador car. 10. It is important to note from the aforesaid evidence that although the prosecution has proved the seizure of the ambassador car as also seizure of the notes and other papers from the possession of the two accused-appellants. Bablu Dutta and Kalim Ansari, but T.I.P was not proved. The learned Sessions Judge while convicting them as stated in para 19 of the judgment that the T.I.P of the accused persons was conducted by Sri A.B. Srivastava, Judicial Magistrate, 1st Class, Bokaro, but since the said T.I. Parade was neither brought on record nor proved by the evidence of the Judicial. Magistrate Obviously he was refering the same from the case diary, which is not a legal evidence. Magistrate Obviously he was refering the same from the case diary, which is not a legal evidence. It is important to note that T.I.P of the accused persons were not brought on record and even the witnesses. namely, P.Ws. 1 , 2 & 3 failed to identify the accused persons in court. As far as identification is concerned, there is no evidence that the appellants have been identified during trial properly. As far as recovery is concerned no doubt that there is recovery of currency notes as also the order form of Poddar Pharma from different medical shop keepers from the possessions of two accused, Bablu Dutta and Kalim Ansari, but they were not put on T.I. Parade nor they were identified by the informantP.W.1 and P.W.2 nor the said notes were produced in Court during examination of P.Ws. 1 & 2 that these are the same notes on which their signature are available. P.W.1 in his evidence stated that he used to put small initial and name of the medical shop from where notes were given or received by him, but the said notes were not produced in Court before witnesses 1 & 2. 11. In that view of the matter, in my opinion, on the basis of the aforesaid recovery which has not been proved beyond reasonable doubt and conviction of the appellant nos. 1 and 2 under Section 412 of the Indian Penal Code cannot be maintained. Although they might have taken part in the dacoity, but the prosecution has failed to prove the charges beyond reasonable doubt. Even the recovery of the ambassador car which was put on T.I.Parade and identified by the accused persons has also not been brought on record nor proved by the prosecution and as such I think it is a badly conducted case by the prosecution and I.O, who had conducted the T.1. P. of the accused, car and notes and even the name of the sessions Judge, who conducted the T.I.P were not named in the diary even the charge-sheet nor they were called by the prosecution during trial due to the laches on the part of the I.O. as also laches on the part of the prosecutor. The conviction of the appellants cannot be upheld and hence they were given benefit of doubt and acquitted from the charges. 12. In the result these appeals are allowed. 13. The conviction of the appellants cannot be upheld and hence they were given benefit of doubt and acquitted from the charges. 12. In the result these appeals are allowed. 13. The appellants, Bablu Dutta and Kalim Ansari (CrANo. No. 443 of 2001) and the appellant, Jamal @ Jamaluddin Ansari (Cr. A. No. 463 of 2001) are on bail, they are released from the bondage of their bail bond.