STATE OF HIMACHAL PRADESH Vs. BALWINDER SINGH

JUDGEMENT

(1.) ASSAILING the judgment dated 9.7.2008, passed by learned Sessions Judge, Una, District Una, H.P., in Sessions Case No. 14 of 2005 (Sessions Trial No. 09/2005), titled as State of H.P. vs. Balwinder Singh & another, whereby respondents -accused stand acquitted, State has filed the present appeal under the provisions of Section 378 of the Code of Criminal Procedure, 1973.

(2.) IT is the case of prosecution that on 17.4.2005, accused purchased certain articles from the shop of Vashisht Kumar (PW -1) who apprehending that the currency notes given to him were fake informed the police. Inspector Ajay Rana (PW -10) along with ASI Darshan Singh (PW -9), HC Prabhat Chand, HHC Karnail singh and HHC Jaswant Singh, after recording entry in the Daily Diary Register (Ext. PW -8/A) reached the spot i.e. Pir Nigaha and recorded the statement of PW -1 (Ext. PW -1/B) under Section 154 Cr. P.C. on the basis of which F.I.R. No. 248 of 2005, dated 17.4.2005 (Ext. PW -5/A) was registered at Police Station Una, under the provisions of Sections 489 -B and 489 -C of the Indian Penal Code, against the accused. Currency notes were sealed with seal impression -A and seized vide memo (Ext. PW -2/A). They were of denominations of Rs. 50/ - and Rs. 100/ -. Similarly notes which were produced by Rakesh Kumar (PW -3), which were handed over by accused Surjit Singh, were also sealed and seized in similar manner. Currency notes were sent through constable Mulkh Raj (PW -7) to the Government of India, Bank Note Press, Dewas, Madhya Pradesh and report (Ext. PW -10/B) obtained by the police, revealed them to be fake. With the completion of investigation, which prima facie revealed complicity of the accused in the alleged crime, challan was presented in the Court for trial.

(3.) IN order to prove its case, in all, prosecution examined ten witnesses and statements of the accused under Section 313 Cr. P.C. were also recorded, in which they took plea of innocence and false implication. No evidence in defence was led by the accused.