REMAN ALIAS RAMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE all the aforesaid appeals arise out of a common judgment dated 24. 6. 2009 passed by the Sessions judge, Rajnandgaon in Sessions Trial no. 10/2008, they are disposed of by this common judgment.

(2.) THESE Criminal Appeals (Cr. A, 607/2008, 671/2008, 712/2008 and 633/2008) are directed against the judgment of conviction and order of sentence dated 24. 6. 2008 passed by the Sessions Judge Rajnandgaon, in Sessions Trial No. 10/2008 whereby accused appellants Dayanand alias Golu has been convicted for the offence punishable under Section 489 (a), 489 (c) and 489 (d) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and pay fine of Rs. 2,000 under section 489 (a), to undergo rigorous imprisonment for three years and pay fine of rs. 2,000 u/s 489 (c) and to undergo rigorous imprisonment for five years and pay fine of rs. 2,000. In default of payment of fine he shall undergo simple imprisonment for two months for each offence. Accused appellants Ajay Dubey and mukesh Tiwari have been convicted under sections 489 (b) and 489 (c) of the Indian penal Code and sentenced to undergo rigorous imprisonment for five years and pay fine of Rs. 2,000 each u/s 489 (b) and to undergo rigorous imprisonment for three years and pay fine of Rs. 2,000 each u/s 489 (c) of the Indian Penal Code. In default of payment of fine they shall undergo simple imprisonment for two months each on each count. Accused appellants Reman Mandekar, uttam and Ballu alias Balram have been convicted under Sections 489 (c) of the indian Penal Code and sentenced to undergo rigorous imprisonment for three years and pay fine of Rs, 2,000, in default of payment of fine to undergo simple imprisonment for two months each. Sentences imposed on all the accused appellants shall run concurrently.

(3.) THE judgment of the trial Court is challenged on the ground that without there being any credible and reliable evidence regarding the fact that the applicants were in possession of the fake or counterfeit cur-rency notes having the knowledge that the currency notes which were counterfeit or fake, the trial Court had committed an illegality by convicting and sentencing them as aforementioned.