MUKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants, namely, Mukesh Kumar and Naresh Kumar along with Rajender Singh @ Rajender Kumar and Vijay Kumar were tried for committing offences punishable under Sections 234, 235, 240, 242 and 120-B IPC. Vide judgment and order dated 2/3.9.2004, learned Additional Sessions Judge, Sonepat, acquitted Rajender Singh @ Rajender Kumar and Vijay Kumar accused of all the charges against them. The appellants were also acquitted for the offences under Sections 234, 235 and 120-B IPC. However, they were convicted under Section 240 IPC and sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs. 1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months. They were also convicted under Section 242 IPC and sentenced to undergo rigorous imprisonment for a period of one year with fine of Rs. 500/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of one month. Both the substantive sentences of imprisonment were ordered to run concurrently. The period already undergone by them during the course of investigation or trial was ordered to be set off against the period of substantive sentence of imprisonment imposed upon them.

(2.) Aggrieved of their conviction and sentence, the appellants filed the present appeal, which stood admitted and the record of the trial Court duly requisitioned.

(3.) According to the prosecution, on 24.6.2000, SI Mahabir Singh, Station House Officer, Police Station Sadar, Sonepat along with other police officials was on patrolling duty at Fazilpur turning point near Truck Union, Bahalgarh Road, Sonepat, where he received a secret information that Mukesh Kumar had gone towards village Fazilpur and having counterfeit coins of the denomination of Rs. 5/- each in order to supply those coins in the market. Further, he was also having a machine, die and other material for preparing the counterfeit coins. In case a raid was conducted, he could be apprehended. Noticing the commission of cognisable offences under Sections 234, 235, 240 and 242 IPC, SI Mahabir Singh sent a ruqa to the police station, where on its basis FIR No. 145 dated 24.6.2000 was registered.