LALOO ALIAS LALOO GHAI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 9th November 2004 and Order on Sentence dated 19th November 2004 whereby the appellant was convicted under Section 120B, 489D and 489C of IPC and was sentenced to undergo R.I. for four years and to pay fine of Rs.1,000/- or to undergo R.I. for two months in default under Section 120B of IPC, R.I. for four years and to pay fine of Rs.1,000/- or to undergo R.I. for two months in default under Section 489C of IPC and was further sentenced to undergo R.I. for 6 years and to pay fine of Rs.1,000/- or to undergo R.I. for two months in default under Section 489D of IPC.

(2.) On 19th December 2001, an information was received by Police Control Room that one person carrying counterfeit currency notes in the denomination of Rs.100/-, had been apprehended near Sector 12 of R.K. Puram. The information was recorded vide DD No. 26A. On receipt of copy of DD, Investigating Officer of this case went to the spot where he recorded the statement of Constable Chander Pal. The complainant Const. Chander Pal alleged that on that day, he was going to Paschim Vihar in a bus plying at Route No. 442. When the bus reached Bikaji Cama Place, one person, whose name later on came to be knonw as Sanju Singh Gaud, handed over a 100 Rupee note to the Conductor to purchase the ticket. When the Conductor, on checking the note, told him that it did not appear to be genuine, that person became nervous and tried to get down from the bus. He was apprehended with the help of a commuter Anil Kumar and on his search, 24 currency notes, which appear to be counterfeit currency, were recovered from his possession. On interrogation of Sanju Singh Gaud, he named two persons including the appellant Laloo residing in his neighbourhood. He took the police to the place of the appellant Laloo and on the search of Laloo, 9 counterfeit currency notes in the denomination of Rs.100/- were recovered from his possession.

(3.) The prosecution examined as many as eight witnesses in support of its case. The appellant Laloo examined himself as a witness.