TIKA RAM Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 6.12.2005, passed by the Additional Sessions Judge/Fast Track Court No. 1. Bahraich, in S.T. No. 61/2004, under Sections 489B and 489C of Indian Penal Code. Police Station Rupaideeha, District Bahraich, whereby the sole appellant Tika Ram Giri was held guilty for offence under Sections 489B and 489C of I.P.C. and for the offence under Section 489B, I.P.C. he was sentenced to undergo rigorous imprisonment for a period of 15 years, studded with the fine of Rs. 50, 000 with default stipulation of two years simple imprisonment. For the offence under Section 489C, I.P.C., he was sentenced to undergo rigorous imprisonment for a period of 7 years and also with fine of Rs. 10, 000 with default stipulation of one year's simple imprisonment. In brief, the case of the prosecution is that on 28.11.2003 when the Sub -Inspector Ganpat Singh alongwith three other constables was on patrol duty in Police Jeep No. U.P. 40 -A 5625 then, at about 5.00 p.m. he got a secret information through informer that a citizen of Nepal is present near private bus stand alongwith fake Indian currency notes of denomination of Rs. 500, which he shall distribute amongst the labourers of the brick -kiln and shall take them to Nepal.

(2.) RELYING on this information the police procured independent witness Mohd. Saleem while other persons did not agree to become witnesses. Thereafter the police party searched each other and on being satisfied that none of them had any objectionable material then they went to the private bus stand, leaving the jeep and the driver at about 5.20 p.m. When this police party reached near the shop of Raju Tea Vendor then they saw that 3 -4 persons were indulged in conversation for giving and taking notes of Rs. 500, when those persons saw the police party then they started running. The police party was successful in apprehending the appellant who disclosed his name and address and on his search 71 notes of Rs. 500 denomination each were recovered from the left inner pocket of his leather Jacket. On interrogation he disclosed that because of greed, he had purchased" these notes from one Veer Bahadur Kesi, a resident of Lamhi, District Danng (Nepal).

(3.) ON the basis of this recovery memo Case Crime No. 336/2003 under Sections 489B and 489C, I.P.C. was registered against the appellant. The recovered currency notes were sent to Reserve Bank of India, Kanpur and all the 71 notes were found to be counterfeit. Report of the Reserve Bank of India is Ext. Ka -4. After completing the investigation the police submitted charge -sheet against the appellant. In order to prove its case the prosecution examined P.W. 1 S.I. Ganpat Singh, P.W. 2 Constable Atul Ratan Singh, P.W. 3 Mohd. Saleem (independent witness) as witnesses of the fact. P.W. 4 is S.O. Ramesh who has investigated this case, P.W. 5 is M.P. Das, Manager, Reserve Bank of India, Kanpur who has proved the report Ext. Ka -4, P.W. 6 is Constable Ramayan Yadav who took the notes to Reserve Bank of India in sealed condition and brought the examination report of the currency notes, P.W. 7 is constable clerk Bhanu Prakash who has proved chick report and G.D. of the case.