SHIV KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 01.12.2009 rendered by learned Additional Sessions Judge/First FTC, Dehradun in Sessions Trial No.125 of 2007, State v. Shiv Kumar, whereby the Court below convicted the appellant under Section 489-C of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo six month's rigorous imprisonment.

(2.) Facts, in nutshell, are that PW1 Mohd. Farman gave a report on 26.3.2006 to the effect that on that day at about 11:30 AM, when he was selling the fruits, a person came to him and bought one kilogram of apples worth Rs.35/-, in lieu of which he gave a counterfeit note of Rs.500/-. PW1 Mohd. Farman, on finding the counterfeit note to be fake, refused to accept the same. On the dispute being aggravated, two policemen came on the spot and saw that note. That person disclosed his name Shiv Kumar. The policemen then brought that person, along with the fake note, at the Kotwali. That person (appellant) was trying to deliberately use that counterfeit note. With these averments, the FIR was lodged.

(3.) The criminal law was, accordingly, set into motion. The I.O. during investigation recorded the statements of witnesses, prepared the spot map and submitted the charge-sheet u/s 489-C IPC against the appellant.