SARDHA KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) has been preferred by the appellants challenging the judgment of conviction and order of sentence dtd. 28/4/2005 passed by the learned Second Upper Sessions Judge, Mahasamund (C.G.) in Sessions Trial No. 399/2004, whereby the appellants have been convicted and sentenced as under:-

(2.) Case of the prosecution, in brief, is that, on 6/6/2004 at about 10.30 am, appellant No. 1/accused Sardha Kumar Patel went to Fuljhar Petrol Pump situated at Basna and filled 9.14 liters of petrol in his Freedom motorcycle and for this, he gave Rs.320.00 to the petrol pump assistant Trilochan (P.W. 6), out of which, one note was of Rs.100.00 denomination, one note was of Rs.20.00 denomination and four notes were of Rs.50.00 denomination. On getting suspicion, complainant Trilochan (PW 6) saw the aforesaid currency notes of Rs.50.00 denomination and noticed that, those notes were seemed to be counterfeit currency. He immediately informed the petrol pump manager Ajay vishal Nishad (P.W. 7), who also seen those notes and suspecting them to be counterfeit currency, called the police. The Station House Officer G. N. Bhagat (P.W. 8) reached the spot and lodged Dehati Nalishi (Ex. P-10). During interrogation of appellant No. 1 Sardha Kumar Patel, he recorded his memorandum statement (Ex. P-11), in which he revealed that, co-accused Antram Nayak alias Antu had given him counterfeit currency of Rs.900.00 of Rs.50.00 denomination to circulate them in the market, from which, he paid Rs.300.00 after filling petrol to the pump operator. He has kept Rs.600.00 under the seat of his motorcycle LML Freedom wrapping it in a polythene. Based on his memorandum statement, 6 notes of Rs.50.00 denomination were seized from him vide seizure memo (Ex. P-12) and 12 notes of Rs.50.00 denomination were seized from his motorcycle along with LML Freedom motorcycle bearing Chassis No. C7LJ362828, Engine No. E55JL345740 vide seizure memo Ex. P-13. Thereafter numbered FIR (Ex. P-14) was registered under Sec. 489(E) of the IPC against Sardha Kumar Patel. In the memorandum statement (Ex. P-7), co-accused Antram alias Antu Nayak revealed that, co-accused Kamal Singh gave him counterfeit currency of Rs.9,000.00 , out of which, he has given Rs.4,200.00 to Guddu alias Motiram of village Kushbhatha, Rs.3,600.00 to Sohan Gond of village Kushbhatha, Ra. 1,000/- to Guddu Rajput of village Barpani, Rs.900.00 to Sardha Kumar (Appellant No. 1) and he himself has hidden Rs.400.00 of Rs.50.00 denomination and 2 notes of Rs.100.00 denomination, which are also counterfeit currency, on roof of his house wrapping in a bag. Based on his memorandum, 2 notes of Rs.100.00 denomination and 4 notes of Rs.50.00 denomination were seized from his house vide seizure memo Ex. P-8.

(3.) Learned 2nd Upper Sessions Judge, Mahasamund framed charges under Sec. 489B of IPC against Sardha Kumar (appellant No. 1) and Antu alias Antram, charges under Ss. 498D and 489C, IPC against accused Kamal Singh Patel and Ramesh Bhoi, charge under Sec. 489C against accused sadanand Patel (appellant No. 2), Sohanlal, Chamra alias Chamar Singh Guddu alias Chainsingh Rajput, charge under Sec. 489D against Lal Bahadur, charge under Sec. 489A against accused Harihar Chauhan, charge under Ss. 489B or 489C of IPC against co-accused Subhash Pradhan, Guddu alias Motiram and Pukram. Charges were read and explained to the accused persons, who abjured their guilt and entered into defence by submitting that they are innocent.