KABBU Vs. STATE OF M. P.

JUDGEMENT

(1.) The appellant has preferred this criminal appeal under Section 374 of Cr.P.C. against the judgment dated 31.03.2004 passed by Additional Sessions Judge, Bhanpura, District Mandsaur, in Session Trial No.166/2002, whereby the appellant has been convicted for the offence punishable under Section 489-A and 489- D read with 34 of I.P.C. and sentenced to undergo 6 years R.I. with fine of Rs. 5,000/-each with default stipulation.

(2.) The prosecution story in short are that on 05.08.2002 Station House Officer Vikram Singh Bhadoriya, ,Police Station Bhanpura District Mandsaour received a source information that dealing of counterfeit note will take place at bus stand Bhawani Mandi by accused Kabbu. After receiving the said information S.H.O. Vikram Singh alongwith ASI R.S. Sikarwar, Ashish Kumar, Kailash, Rajkumar, Dharmveer and Driver Arjun Singh proceed to the Bus stand Bhesoda Mandi by Government vehicle bearing registration No. MP-03-067. On the way they took two panch witnesses Gajraj Singh and Arjun together. Thereafter they reached to the Bus Stand Bhesoda Mandi. After seeing the police force appellant run away however co-accused Jakir apprehended by the police. Upon search 18 counterfeit currency notes of 500 denomination and 12 counterfeit currency notes of 100 denomination was recovered from the possession of the co-accued Jakir. These articles were seized in presence of independent witnesses Gajraj and Arjun Singh. Then police registered the FIR bearing crime No 153/2002. Police interrogated Jakir and he disclosed the name of absconded accused Kabbu then police reached the house of Kabbu and on search recovered two counterfeit currency notes of Rs.100/- denomination, 100 counterfeit currency notes of Rs.50/- one counterfeit currency notes of Rs.500/-,32 counterfeit currency notes of Rs.100/-,91 counterfeit currency notes of Rs.50/- 100 counterfeit currency notes of Rs.10/-, one Rs. 10/- Pakistan Currency, from the house of the appellant. Police recorded the statement of witnesses.The counterfeit notes were sent to the General Manager, India Security Press, Nasik for examination and verification whether these notes are genuine or counterfeit. Thereafter a report was received from the aforesaid press in which it was opined that suspected notes are counterfeit currency. After completion of the investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, who committed the case to the Sessions Court and ultimately it was transferred to the Additional Sessions Judge, Bhanpura, District Mandsaur.

(3.) The trial court on the basis of material placed on record, framed the aforesaid charges against the applicant. The accused abjured his guilt and claimed to be tried.