SIRIDHAR Vs. STATE

JUDGEMENT

(1.) THESE are two separate appeals against the judgment dated 27th July, 1999 and Order on Sentence dated 29th July, 1999, whereby the appellants were convicted under Sections 489-A, 489-C and 489-D of IPC, read with section 34 thereof and were sentenced to undergo RI for 7 years each and pay fine of Rs. 1000/- each or to under SI for one month each in default, under section 489-A and were further sentenced to undergo RI for 5 years each and pay a fine of Rs. 500/- each or undergo SI for 15 days in default, under section 489-C. They were also sentenced to undergo RI for 7 years each and pay a fine of Rs. 1000/- each or undergo SI for one month each, in default, under Section 489-D.

(2.) THE case of the prosecution in nutshell is that on 11th August, 1988 a secret information was received that one person with forged Special Bearer bonds of Government of India was present near Volga Restaurant, connaught Place, New Delhi and forged bearer bonds can be recovered if he is arrested. A raiding party was thereupon formed and the appellant Som prakash was arrested from near Volga Restaurant, Connaught Place. He was carrying a file type raxin bag in his hand. On checking, the bag was found to contain 24 bearer bonds. He was interrogated and at his instance appellant Siridhar Prasad was arrested from his jhuggi in Janta Quarters, shahdara, Delhi. On the search of his jhuggi 218 forged bearer bonds were recovered. One small wooden rod bearing digits 1, 2, 3 etc. and letters A, B, c was also recovered along with one small iron saw. One paper on which various digits were fixed was also recovered from his jhuggi.

(3.) AS regards alleged recovery of forged Special Bearer Bonds, the case of the prosecution solely rests upon the testimony of police officials. PW-3 inspector Gurdeep Singh, PW-7 Constable Richhpal Singh and PW-8 SI amar Singh are the witnesses of the alleged recovery. Inspector Gurdeep singh has stated that on llth August, 1988, while he was present at Regal cinema along with other police officials, a secret information was received that one person in possession of forged barrier bonds was present near Volga restaurant for selling the same to intended purchasers. He organized a raiding party and requested 2-3 public persons to join the same, but they declined. They then proceeded to Volga Restaurant and found appellant Som prakash present there, with a folder file cover in his hand. The file cover could be opened and closed using a zipper. On opening the file cover, 24 bonds, Ex. Pl to P24 were recovered from it. On interrogation, he disclosed the names of some other persons including Siridhar and took the police team to the house of Siridhar in Janta Colony, Shahdara. Siridhar was found present there and 218 forged bearer bonds Ex. P25 to P242 were recovered from his jhuggi. One small iron saw and one sample of printed paper was also recovered from there. The wooden sticks were in the form of small blocks bearing digits and English alphabets words. PW-7 Ct. Richhpal Singh and pw-8 SI Amar Singh have corroborated the deposition of PW-3 as regards recovery from the possession of the appellants.