GORAKH NATH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal appeal against the judgment and order dated 2/8/1979 passed by the then learned IV Additional Sessions Judge, Ballia in Session Trial No. 124 of 1976 State v. Gorakh Nath Singh and another convicting the appellant under section 489B, I.P.C., and sentencing him to two years Rigbrous Imprisonment.

(2.) The prosecution case briefly stated is that the complainant Mohammed Abbas was posted as a Senior Booking Clerk at the Railway Booking Office, Ballia and was working as such on 15.9.1975. He was booking 293.UP train. A passenger named Dhaneshwar son of Shiv Nachan resident of village Jigani, P.S. Garwal, District Ballia demanded one ticket for Higguani and. gave him a twenty rupee currency note bearing No. U/53 892120. He asked Dhaneshwar where he got this currency note. In reply Dhaneshwar said that another passenger named Gorakh Nath Singh son of Ram Bahadur of village Jigani, P.S. Garwal, District Ballia had given him that note to purchase the ticket for Sigguni. Gorakh Nath Singh was standing behind him. Dhaneshwar and Gorakh Nath Singh were caught hold If with the help of one Chhotkan Ram, another Booking Clerk at about 11.30 A.M. The accused persons and the above currency note were sent through a G.R.P. Constable named Shiv Shanker Yadav, who was then on duty, to the police station In charge G.R.P. BaHia. A complaint was lodged against the accused persons there. On the basis of that complaint, a chik report was prepared. An entry in the General Diary was made and a case was registered against the accused persons. After the registration of the case, it was entrusted to the then Sub-Inspector Noor Mohammad for investigation, on the completion of which he submitted the charge-sheet against the accused.

(3.) The prosecution examined the complainant Mohamad Abbas P.W. 1, Chhotkan Ram P.W. 2, Jai Ram P.W. 3, Noor Mohamad P.W. 4 and Ram Dhan Prasad P.W. 5 and relied upon certain documents in support of its case.