ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of above two criminal appeals as these arise out of the same judgment of conviction and the order of sentence dated 15.5.2004, whereby accused/appellant-Shamshad Ali has been convicted for the offences under Sections 489-B and 489-C IPC, whereas accused/appellants Anil Kumar and Naseem Ahmad have been held guilty for the offence under Section 489-C IPC. Accused/appellant Shamshad Ali has been sentenced to undergo rigorous imprisonment for ten years for the offence under Section 489-B IPC. Appellants-Shamshad, Anil Kumar and Naseem Ahmad have been sentenced to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for one year each for the offence under Section 489-C IPC. The sentence imposed upon Shamshad Ali for both the offences has been ordered to run concurrently.

(2.) The brief facts of the prosecution case as given in the statement Ex.PB are that the complainant is resident of Khizrabad and is running a Karyana shop near Bus stand Khizrabad. On the day of occurrence, he was selling articles in his shop. Suresh Kumar Walia came to his shop for purchasing goods. In the meantime, one young boy came to him for purchasing goods, who purchased the goods and handed over two currency notes of Rs. 100/- each. On checking the said notes, he doubted it being fake. They nabbed that person, who on asking, disclosed his name as Shamshad Ali. Then he and Suresh Kumar were in the process to Police Station, the Police met them and Shamshad Ali along with fake currency notes of Rs. 200/- of the denomination of Rs. 100/- each bearing same number were handed over to the Police, which were taken into Police possession by preparing memo Ex.PE. Upon this information, FIR No.43 dated 17.5.2001 for the offences under Sections 489-B, 489-C and 420 IPC was registered. During interrogation, Shamshad Ali told that he is a labourer on the brick kiln owned by Ajinder Pal and is working as Mason and Anil Kumar is a Clerk. He stated that about 4/5 days earlier Naseem and Anil Kumar took Rs. 800/- counterfeit notes of Rs. 100/- denomination each from the owner of the stone crusher and gave against half of the money to him for being circulated in the market. He had given Rs. 200/- to the owner of the grocery shop and Rs. 100/- had been recovered from him. That the remaining notes of Rs. 500/- had been kept concealed by him at his residence and no body knew about it. Ajinder Pal, Naseem and Anil Kumar were in possession of forged notes. Then the police party went to that brick kiln and apprehended Anil Kumar from whose possession one currency note was recovered and from Naseem one currency note was recovered. Both these notes were taken into possession by affixing seal 'BR'. The accused were arrested. Notes recovered from the accused were sent to FSL where the same were tested by Gulshan Rai, Assistant Director, FSL and he found the notes to be counterfeit. After necessary investigation, the challan was presented in Court.

(3.) On presentation of challan, the trial Court finding prima facie case against the accused-appellants framed charges for the offences under Sections 489-B and 489-C IPC, to which the accused pleaded not guilty and claimed trial.