BARATRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 17.08.2012 passed by the Additional Sessions Judge, Sarangarh District Raigarh (C.G.), in Sessions Trial No. 36 of 2010, whereby the learned Additional Sessions judge, convicted the appellant for the offence punishable under Section 489(C) IPC and sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 2000/- with default stipulation.

(2.) Facts of the case in short, are that on 09.08.2010 Town Inspector K.K. Vasnik (PW-10) received a secret information from the informer to the effect that the appellant was trying to use forged/counterfeit currency notes as genuine ones. Thereafter, he registered this information in Rojnamcha Sanha (Ex.P-11) and proceeded to the place along with his teammates. He found that a person came there in a discover bike of without number plate and stopped the same near public toilet at Bus stand, Sarangarh. On being suspicion, he was stopped by police then he disclosed his name as Barat Ram Sahu of Girsa Police Station Sarsiva. On physical search, 150 fake currencynotes of denomination of Rs. 100-100 total 15,000/- fake currency notes were found from the possession of the appellant. The appellant furnished this information that he roped the fake notes in a blue polythene and kept it in his front pocket. Thereafter he prepared search panchanama (Ex.P-1) and made seizure of fake currency notes under (Ex.P-2). The appellant was arrested vide Ex.P-6. Seized currency notes were kept under the seal and signature of PW-10. After registration of FIR (Ex.P-10), seized currency notes was sent for examination to the Bank Note Press Dewas (M.P.) (not exhibited) and thereafter the reports of expert was received under Ex.P-5 according to which the notes seized from the appellant were fake.

(3.) After due investigation, charge-sheet was filed in the Court of JMFC, Sarangarh, who, in turn, committed the case for trial to the Court of Additional Sessions Judge, Sarngarh who convicted and sentenced the appellant under Section 489 (C) IPC.