NANHE MUKHIA Vs. STATE OF H P

JUDGEMENT

(1.) Appellant Nanhe Mukhia has appealed against his conviction and sentence, for offences, under Sections 489-B and 489-C of the Indian Penal Code, awarded by the Sessions Court at Hamirpur.

(2.) Appellant was tried for the aforesaid offences, on the allegations that on 18th October, 2007, he went to Nadaun Township, in Hamirpur District, and purchased one cassette for Rs. 30/- from PW-1 Mukesh Kumar. He tendered a currency note of Rs. 500/-. Mukesh Kumar asked for exact amount, as he did not have the change of Rs. 500/-. Appellant told him that he did not have currency notes of smaller denomination. PW-1 Mukesh Kumar then went to one Ravi, who is running Chemist's shop nearby, to get the currency note of Rs. 500/- changed into notes of smaller denomination. Said Ravi, on seeing the note, said that the same was not genuine. The currency note was then taken to a nearby Bank and shown to an official of the Bank, who confirmed that the same was not genuine.

(3.) Police was informed. Soon Assistant Sub Inspectors, Surjit Singh (PW-6) and Santokh Singh (PW-7) reached the spot. They recorded statement of PW-1 Mukesh Kumar, under Section 154 of the Code of Criminal Procedure, which is Ex. PW-1/A. In the said statement, PW-1 Mukesh Kumar got recorded the aforesaid facts. Statement was sent to the Police Station for formal registration of the case against the appellant. Appellant's person was searched, on the spot, by the abovenamed two Assistant Sub Inspectors, in the presence of PW-1 Mukesh Kumar, and 49 currency notes of the denomination of Rs. 500/- each were recovered from one pocket of the pants he was wearing and currency notes of Rs. 350/- of different denominations, including five currency notes of the denomination of Rs. 10/- each, were recovered from the other pocket of the same pants. The same were taken into possession, vide recovery memo Ex. PW-1/D. Appellant was arrested. 49 currency notes of the denomination of Rs. 500/- each were sent to State Forensic Science Laboratory at Junga. Expert of the Laboratory, vide report Ex. PW-4/A, confirmed that the notes were counterfeit, because security features were missing from all of them.