BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal by Bachan Singh, an iron-smith and his wife Joginder Kaur, an illiterate lady, both residents of Ludhiana.

(2.) THE facts as found by the trial Judge and which are not seriously disputed in the present appeal are thus: On 17-6-1978, Kundan Lai, P. W. 1, was approached, by Jogisder Kaur appellant with a ten rupee currency note, Exhibit P. 1, asking for its change. He checked the note in the light and observed that the note had one side darker than the other. He suspected it not to be genuine. His suspicion was confirmed by his son Vishwa Nath and his neighbouring shopkeeper Dalip Singh P. W. 3. 1982 Cri, L. J. /3 I In the meantime the police party headed by Assistant Sub-Inspector Jagjit Singh, P. W. 4, reached there, Kundan Lai, P. W. 1, made statement Exhibit P. C. to the Assistant Sub-Inspector which became the basis of the first information report. At that time Bachan Singh appellant was with his wife. The Assistant Sub-Inspector arrested both the accused and on personal search of Bachan Singh thirteen counterfeit currency notes, Exhibits P. 2 to P. 14 and other 21 ten rupee notes were recovered. These facts stood supported on the evidence of Kundan Lai, P. W. 1, Dalip Singh, P. W. 3 and Assistant Sub-Inspector Jagjit Singh, P. W. 4, whose statements have been relied upon by the trial Judge in recording the order of conviction.

(3.) THE defence is at variance. According to Joginder Kaur, she alone was in the bazaar and had approached Kundan Lai, P. W, 1 offering him the note, Exhibit P. 1, for change since she had to pay rickshaw fare. Kundan Lai, P. W. 1, told her that the note was not genuine and then she offered another note. On this there was an altercation and she was taken to the police station and falsely implicated. Bachan Singh appellant claimed that when his wife was in the police station he was present in his house when Assistant Sub-Inspector Jagjit Singh, P. W. 4 and some constables came there, demanded of him Rs, 200/to secure release of his wife and on his disinclination beat him, took away Rs. 1400/- from his box lying in his house and then he was falsely involved in the case. He got himself medically examined. He even filed a complaint against Assistant Sub-Inspector Jagjit Singh in which the latter was summoned. Exhibit D. A. was a copy of the complaint. The defence was rejected by the trial Judge.