RAMESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal was filed by Ramesh Singh resident of Village Pabra, Tehsil & District Fatehabad against the judgment and order dated 24.01.2004 passed by learned Additional Sessions Judge, Fatehabad vide which accused -appellant was convicted under Section 489C IPC and was sentenced to undergo rigorous imprisonment for three years.

(2.) BRIEF facts of the case are that on 12.08.1999, Ram Singh -complainant moved a written application (Ex. P -17) before the SHO, Police Station Bhuna, wherein he stated that he is running a grocery shop in Gurudwara building. On 12.08.1999, one person came to his shop to purchase notebooks. He sold 20 dozens notebooks to him. The said person paid the price in the shape of currency note of Rs. 500/ - which appeared to be fake. Thereafter, he informed the police about the same by making a telephonic call from neighbouring shop. The number of the said fake currency note is 5BH056022. It was further stated that the fake currency note does not carry the mark of Trimurti and appear to be fake from its face. On an enquiry, the said person disclosed his name as Ramesh son of Jamna Dass, resident of Village Pabra, District Fatehabad. On receipt of a telephonic information, a police party headed by SI/SHO Baljit Singh visited the shop of the complainant -Ram Singh and there accused -Ramesh was produced before the police. The said fake currency note was taken into possession through recovery memo (Ex. P -16). The police, then interrogated the accused -Ramesh who suffered a disclosure statement (Ex. P -18), wherein he disclosed that he has concealed some more currency notes duly wrapped in polythene bag and put under a brick near the wall of Raj Cinema, Bhuna and he can get the same recovered. Accordingly, accused -Ramesh led the police party to the said place and got recovered 12 more fake currency notes in the denomination of Rs. 500/ - each. The said fake currency notes were also taken into possession vide recovery memo Ex. P -19.

(3.) BOTH the accused, namely, Ramesh and Satpal were charge -sheeted under Sections 489B and 489C IPC to which they pleaded not guilty.