KAMAL LAL Vs. STATE

JUDGEMENT

(1.) By this appeal filed under section 374(2) of Cr.P.C., 1973 the appellant seeks to challenge the impugned judgment dated 16.10.2001, passed in SC No.296/1997 in a case registered as FIR No.83/1992 under Section 489-B/34 of IPC, at Police Station Greater Kailash, Delhi whereby the appellant has been convicted under Section 489C IPC and order on sentence dated 16.10.2011 vide which he has been awarded the rigorous imprisonment for a period 3 years and fine of Rs. 25,000/-, in default of payment of fine to further undergo simple imprisonment for 6 months.

(2.) The facts emerging from the record are that on 10.04.1992, accused Daya Nand came to a petrol pump while driving his car bearing registration No.DIA 5470 and asked for 5 litres of petrol. After taking petrol, he handed over Rs. 500/- currency note to the salesman Nand Kishore who did not find water mark and security thread on the note. He showed the note to his colleague Badam Singh and also informed his owner. The police was called thereafter, and accused Dayanand was handed over to the police along with the currency note. Thereafter, accused Dayanand made a disclosure statement stating therein that this note was handed over to him by Kamal Lal and he took the police to the General Taxi stand, Khanna Market where 92 counterfeit currency notes in the denomination of Rs. 500/- were recovered from appellant Kamal Lal and were seized by the police. The accused Nand Lal took the police to the house of the accused Satnam Singh, where further he took the police to the house of Dinesh Bhatt. Genuine currency notes amounting to Rs. 50,000/- were recovered from the house of Dinesh out of which the first and last note of five packets amounting to Rs. 25,000/- were found signed by the accused Kaman Lal.

(3.) On the basis of apprehension of accused persons and recovery of counterfeit currency notes, FIR under Section 489B/34 IPC was recorded and accused persons were arrested. After completion of investigation, charge sheet was filed in the Court.