SANTOSH KUMAR RATHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 31/10/2018 passed by Special Sessions Judge, Shahdol in Sessions Trial No.209/2007 whereby each appellant stand convicted for the offence punishable under Section 489C of IPC and sentenced to suffer RI for five years along with fine of Rs.5,000/-, in default of payment of fine, additional RI for three months.

(2.) The case of prosecution against the appellants, in short, is that Vijay Pratap Singh (PW-9) while posted as S.H.O. of Police Station, Kotwali, Shahdol received information on 10/04/2007 that one Ravi Sharma alias Gudda is dealing with fake Indian currency notes and he is coming at bus stand with fake currency notes. SHO- Vijay Pratap Singh called two Panch witnesses Chandrakant Soni (PW-10) and Md Jakir khan (PW-3). and after informing them recorded the said information in Rojnamcha Sanha (Ex.P/1) and moved to spot along with panch witnesses, ASI Pradeep Dwivedi (PW-8), Constable Arvind Pyasi (PW-7), Swatantra Singh, Arvind Dubey, Mahesh Yadav, Satya Narayan (PW-4), Rahees Khan, Pramod Pandey, Shailendra Chaturvedi and driver Chandra Prakas in Government Vehicle No.M.P.03 5682 and recorded that Ravangi(outgoing) in Rojnamcha Sanha (Ex.P/31).

(3.) Ravi Sharma met at bus stand and he was informed about his search. Vijay Pratap Singh first made his search along other companions in front of Ravi Sharma and prepared Panchnama Ex.P/2 and P/3 in this regard. Thereafter started searching of Ravi Sharma and found 72 note of Rs.500/-denomination and 190 notes of Rs.100/- denomination counterfeit Indian currency notes in his possession and after perusal of the whole notes, it was found that same number printed on so many notes, seized and prepared search memo (Ex.P/4), seizure memo (Ex.P/5) and arrested Ravi Sharma on spot, prepared arrest memo (Ex.P/6) thereafter came back at Police Station, recorded proceedings in the Rojnamcha Sanha (Ex.P/32), and registered FIR as Crime No.165/2007 (Ex.P/33) at Police Station, Kotwali, Shahdol.