VEENA AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. S-2585-SB of 2009 titled as "Veena v. State of Haryana" and Criminal Appeal No. S- 2587-SB of 2009 titled as "Manmohan v. State of Haryana" as both the appeals have arisen out of the same judgment dated 28.8.2009, vide which both the appellants were held guilty and convicted for the offence punishable under Section 489C of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and the order on the quantum of sentence of even date, vide which they were sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs. 5,000/- each. In default of payment of file, they were further sentenced to undergo simple imprisonment for a period of six months each. To dictate order, facts are being taken from Criminal Appeal No. S-2585-SB of 2009.

(2.) In nutshell, the brief facts of the prosecution case are that on 25.4.2008, Inspector Baljit Singh along with his companion police officials, on the basis of the secret information, apprehended appellantManmohan and his nephew Sumit alias Guddu, who were informed to be using the fake currency notes as genuine to the petty shopkeepers of that area. On the personal search of appellant Manmohan, eight fake currency notes of the denomination of Rs. 500/- each were recovered, which were taken into possession vide recovery memo Ex.PB after keeping it in the sealed parcel. From the personal search of his nephew Sumit alias Guddu, four fake currency notes of the denomination of Rs. 500/- were recovered. The Investigating Officer sent a ruqa Ex.PM to the Police Station on the basis of which FIR Ex.PL was registered.

(3.) Accused/appellant Manmohan was interrogated. He suffered the disclosure statement Ex.PC and disclosed that he has received the counterfeit currency notes to the tune of Rs. 10,000/- from co-accused Veena, his sister-in-law. He further disclosed that he could get recovered some more counterfeit currency notes from his residence. In pursuance of his disclosure statement Ex.PC, appellant Manmohan got recovered one fake currency note of the denomination of Rs. 500/- from the almirah of his room, which was taken into possession vide memo Ex.PD after keeping the same in a sealed envelope. The Investigating officer prepared the site plans of the places of recovery.