STATE OF U P Vs. RAJENDRA

JUDGEMENT

(1.) We have heard learned counsel for parties and perused the records of Government Appeal.

(2.) This State Appeal under Section 378 Cr.P.C. has been filed against the judgment and order dated 24.10.1981 passed by Shri S.C. Srivastava, the then Second Additional Sessions Judge, Muzaffar Nagar, whereby in sessions trial no.260 of 1979 under Section 489-A, 489-C and 489-D of the Indian Penal Code, he has recorded acquittal.

(3.) Prosecution case in brief is that Sub Inspector of Police Shahabuddin Chaudhary (PW-2) on 10.07.1977 went to village Jaan Khera in connection with the investigation of Case Crime No.107 registered at Police Station Rampur Maniharaan (Saharanpur) under Section 489 IPC. One Ishwar resident of village Kudana, said to be an accused in Case Crime No.107, was arrested and from his possession four currency notes of 100 rupee denomination each were recovered. They were found to be counterfeit. During the course of interrogation of Ishwar, it was revealed that the said notes had been passed on to him by one Rajendra Singh for circulation in the market and he was to receive 30% commission of the value of currency for that. He also informed the police Sub Inspector that accused Rajendra Singh was the person who used to print fake currency notes. The police Sub Inspector (PW-2), thus, also searched the place of accused Rajendra Singh on the same day at 6.30 pm on being pointed out by accused Ishwar. Certain incriminating materials used for printing counterfeit currency; counterfeit currency and one DBBL gun with five cartridges, were recovered. Accused Rajendra Singh was, thus, arrested and taken to Police Station Shamli, where on the oral complaint of Sub-Inspector of Police Shahabuddin Chaudhary (PW-2), the report of incident (Exhibit Ka-4) was registered in the night intervening 10th and 11th July, 1977 at 1.05 am under Section 489-A, 489-C and 489-D IPC. After completing investigation, the charge sheet was put up against the accused. The seized currency notes were sent to India Security Press, Nasik, for examination and expert opinion.