DES RAJ AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Des Raj and Bakhshish Singh having convicted and sentenced by learned Additional Sessions Judge, Jalandhar vide judgment and order dated 20.2.2002 have preferred the instant criminal appeal to challenge their conviction and sentence.

(2.) PROSECUTION case in brief is that police party comprising of ASI Bakhshish Singh, HC Amarjit Singh and other police officials was present in the area of village Bhogpur on 4.7.1999 when secret information was received that both the accused Des Raj and Bakhshish Singh were using counterfeit currency notes of Rs 500/ - denomination as genuine ones and they were present by the side of liquor vend. FIR was got registered by sending ruqa to the Police Station. Police party went towards liquor vend and found both the accused present outside the liquor vend. Prince Raj, a public person, was joined by the police. On search of accused Des Raj, two counterfeit notes of Rs 500/ - denomination were recovered from him whereas on search of accused Bakhshish Singh, three counterfeit currency notes of Rs 500/ - denomination were recovered from him. The currency notes were sealed in separate envelopes and were seized by the police. Rough site plan of place of occurrence was prepared. Statements of witnesses were recorded. Treasurer, Reserve Bank of India after examination of the recovered notes gave report that the notes were counterfeit currency notes. On completion of investigation, police presented report under Section 173 of the Code of Criminal Procedure (in short, Code of Criminal Procedure.) for prosecution of both the accused under Section 489 -C Indian Penal Code.

(3.) IN support of its case, the prosecution examined five witnesses.