NEERAJ SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 23.11.2006, rendered by the learned Sessions Judge, Kangra at Dharamshala, H.P., in Sessions Trial No. 36 of 2006, Sessions Case No. 21 -G/VII -2005, whereby the appellant -accused (hereinafter referred to as the accused), who was charged with and tried for offences punishable under Sections 489 -B & 489 -C IPC read with Section 34 IPC was convicted and sentenced to suffer rigorous imprisonment for a period of one year and to pay fine of Rs. 10,000/ - under Section 489 -B read with Section 34 IPC and further to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 10,000/ - under Section 489 -C read with Section 34 IPC. In default of payment of fine, the accused was ordered to undergo further simple imprisonment for a period of two months each on both counts. Both the sentences were ordered to run concurrently.

(2.) The case of the prosecution, in a nut shell, is that PW -1 Kishori Lal made statement under Section 154 Cr.P.C. vide Ext. PW -1/A to the effect that on 10.9.2004 at 1:30 PM, two boys aged about 20 -25 years came to his shop. They purchased three handkerchiefs from him and handed over a currency note of the denomination of Rs. 500/ - to him. He deducted Rs. 30, the price of three handkerchiefs and returned Rs. 470/ - as balance to them. Thereafter, they went away on their scooter No. PB -07B -1995. Later on, when he checked the currency note, it appeared to be fake. He also got the currency note checked from the local Bank. It was reported to be fake. At about 2/2:05 PM, he informed the Police Post, Chintpurni. Thereafter, he went in search of the accused persons in his maruti car. HC Balbir Singh etc. also accompanied him in maruti car and went towards Gagret in search of those boys. When they reached near Police barrier at Gagret at about 3:00 PM, both the boys were going on scooter No. PB -07B -1995 towards Hoshiarpur. The police personnel disclosed their identity. Later on, the informant came to know that both the accused had also given one currency note of Rs. 500/ - to Sanjeev Sharma, another shopkeeper of Chintpurni. He along with Sanjeev Sharma produced both the currency notes to the police. Ext. P -1 and P -2, currency notes were sealed and taken into possession vide memo Ext. PW -1/B in the presence of Kewal Krishan and Sanjeev Sharma. FIR Ext. PW -6/A was registered. The personal search of accused Neeraj Sharma was also carried out. Three currency notes of denomination of Rs. 500/ - each Ext. P -3 to P -5, were recovered from back side pocket of his jeans pants. These were sealed in a parcel and taken into possession in the presence of witnesses by the police. The currency notes were deposited with MHC Onkar Chand. The same were sent on 4.10.2004 to FSL, Junga through PW -8 Const. Gurjit Singh. Report of the FSL Ext. PW -9/A was obtained to the effect that the currency notes were not genuine but counterfeit. The investigation was completed and the challan was put up before the Court after completing all the codal formalities.

(3.) The prosecution, in order to prove its case, has examined as many as eleven witnesses. The accused was also examined under Section 313 Cr.P.C. He pleaded innocence. The learned trial Court convicted and sentenced the accused, as noticed hereinabove. Hence, this appeal.