SURINDER PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and the order of sentence, dated 25. 04. 95, rendered by the Court of Additional Sessions Judge, ludhiana, vide which, it convicted the accused (now appellants), and sentenced them, as under:-Name of the offence for sentence accused which con-awarded 1 2 3 a)Subhash Chander (i)Under Section to undergo 489-A of the rigorous indian Penal imprisonment for a b)Surinder Pal code period of five years each and to pay a c)Jaswant Singh fine of Rs. 200/-each, in default thereof, to further undergo rigorous imprisonment for a period of three months each. (d)Subhash Chander (ill under Section to undergo 489-C of the rigorous imprisonment indian Penal for a (e)Surinder Pal code period of five years each and to pay a (d)Jaswant Singh fine of Rs. 200/-each, in default thereof, to further undergo rigorous imprisonment for a period of three months each. All the substantive sentences were ordered to run concurrently.

(2.) THE facts, in brief, are that on 15. 05. 88, shankar Dass, Sub Inspector, who was posted as Station House Officer, Police Station Division No. 4, Ludhiana, was present in Quilla Mohalla Chowk, Ludhiana, in a government jeep, alongwith Darshan Singh, assistant Sub Inspector, PW4, and other police officials. At that time, he received a secret information to the effect that Subhash chander, accused, who was the owner of ishar Printing Press, alongwith Surinder Pal, and Jaswant Singh, accused, was engaged in preparing currency notes on a machine (Printing Press) and they were also in possession of currency notes. On the basis of this information, Shankar Dass, Sub Inspector, recorded ruqa exhibit PG and transmitted the same to Police Station, Division No. 4, Ludhiana, for the registration of a case through Constable Pritam Dass, on the basis whereof, formal first information report pg/1, was registered by Assistant Sub Inspector Sham Lal. Sat Pal, independent witness, was joined with the raiding party from balmik Chowk. Thereafter, the Police party conducted a raid, at Birla Quarters, the place, which was disclosed by the secret informer. They found Jaswant Singh, accused, operating the printing press. Surinder Pal, accused, was supplying ink, whereas, Subhash Chander, accused, was setting the semi-printed dollars. All the accused were seen working, as a team, for preparing counterfeit dollars. They were apprehended. A tin containing green ink was found in possession of Surinder Pal. Semi-printed 12 dollars were found in possession of Subhash Chander, accused. Those dollars bore '100' printed marks. Two proofs were found on the plank, where Jaswant singh, accused, was working. One round stamp, which had a print, and two papers bearing that stamp were also found there. 250 dollars of the denomination of 100 contained in an envelope were recovered from the owner of the printing press. A tin containing black thick ink, and another tin containing white thick ink, were also recovered from near the printing press. A printing block, and another block, which was lying on the plank were also recovered. Both the blocks conformed to the 1-100 denomination dollars. The envelope containing 250 dollars was sealed with the seal bearing impression D. S. 12 semi-printed dollars alongwith two papers containing numbers were converted into a parcel sealed with the same seal. The block and stamps were separately sealed, in a tin, and the seal after use was handed over to Sat Pal, public witness. The entire case property, referred to above, was taken into possession, vide recovery memo PC, which was attested by Assistant sub Inspector Darshan Singh, Sat Pal, public witness, and Constable Amrik Singh. The licence of the printing press was taken into possession vide recovery memo PD. Sub-Inspector Shankar Dass, prepared the rough site plan PH, with correct marginal notes, of the place of recovery. The accused were arrested. The dollar bills of 100 denomination were got examined from Currency Note press, Nashik Road, which submitted report pj, containing the opinion that 250 forged u. S. A. dollars bills of 100 denomination, could easily deceive common people, who were not familiar with U. S. A. dollars. After the completion of investigation, the accused were challaned.

(3.) ON their appearance, in the Court of the Committing Magistrate, the accused were supplied the copies of documents, relied upon by the prosecution. After the case was received by commitment, in the Court of Sessions, charge under Sections 120-B, 489-A, 489-C and 489-D of the Indian Penal Code, was framed, against the accused, which was read-over and explained to them, to which they pleaded not guilty, and claimed judicial trial.