PIPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted by appellant -Pipal Singh son of Shahida Singh against impugned judgment of conviction rendered by learned Sessions Judge, Ferozepur whereby he was held guilty and convicted under Sec. 489 -B of the Indian Penal Code (for short 'IPC'). Vide order on sentence of the even date, he was sentence to undergo rigorous imprisonment for 7 years and a fine of Rs. 5000/ - for committing offence punishable under Sec. 489B IPC; in default of payment of fine, to further undergo rigorous imprisonment for 3 months.

(2.) Briefly, prosecution case is like this; that on 06.07.2011, Inspector Sarabjit Singh, Incharge CIA Staff along with police officials was going to village Gandhu Kilcha from village Habibwala, on patrol. When police party was one kilometer to village Gandhu Kilcha, they saw appellant -accused coming on foot from the opposite side. Seeing the police party, accused -appellant got perplexed and had tried to turn back. On the basis of suspicion, he was apprehended. His identity was verified. On search of appellant -accused, 244 counterfeit currency notes in the denomination of Rs. 1000/ - each and 512 counterfeit currency notes in the denomination of Rs. 500/ - each were recovered from the plastic bag held by the accused in his right hand. The counterfeit currency notes were totaling Rs. 5,00,000/ - Same were put in a plastic bag and sealed with the seal of 'SS' and taken into police possession, vide separate recovery memo Ex. P -3. The seal after use was handed over to SI Pargat Singh. Specimen seal was also separately prepared. Ruqa, Ex. P -6, was sent to police station for the registration of the case, whereupon formal FIR Ex. P -7 was recorded. Site plan of the spot, Ex. P -8, was also prepared. Case property was deposited with the MHC of the police station Mamdot, with the seals intact. Accused was arrested. The counterfeit currency notes were sent to Currency Notes Press, Nasik. On receipt of report Currency Notes Press, Nasik (Ex. P -9), the currency notes were found as counterfeit notes. After completion of necessary investigations, challan was put in the court against the accused.

(3.) Finding a prima -facie case against the accused. He was initially charge -sheeted for committing offence punishable under Sec. 489 -C of the IPC vide order dated 04.11.2011. Later on, charge was amended, vide order dated 04.08.2013, finding a prima -facie case against the accused for offence under Sec. 489B as well. Accordingly, accused was charge -sheeted for offences under Ss. 489 -B and 489 -C of the IPC. After taking entire prosecution evidence, statement of accused, under Sec. 313 Cr.P.C., was recorded wherein each allegation of the prosecution appearing against him was denied and the accused pleaded his innocence and false implication. Regarding his false implication, accused stated that he was an informer of BSF. A huge quantity of heroin and fake currency notes was recovered by BSF people and an FIR was lodged regarding that in the year 2009 against Sarabjit Singh, Investigating Officer of this case. It was revealed by the smugglers that the consignment was to be delivered to Inspector Sarabjit Singh of CIA Staff and earlier one consignment of huge quantity of heroin and 10 lacs fake currency notes were delivered to Inspector Sarabjit Singh. Inspector Sarabjit Singh doubted that information regarding the movement of smugglers resulted in the apprehension of the smugglers and the registration of the case against Inspector Sarabjit Singh. The enquiry against the role of Inspector Sarabjit Singh, by the senior BSF officials was going on. He (accused) was arrested from his house without any recovery and was made a victim of false implication so that he may not join the enquiry and he may be made to be disbelieved in enquiry to be conducted by the BSF and senior police officials.