UGRANARAIN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred by the solitary Appellant Ugranarain Rai to challenge the judgment dated 01.12.2006 passed by the learned Additional Sessions Judge -cum -Presiding Officer, Fast Track Court No. IV, Sitamarhi in Sessions Trial No. 604 of 2006/211 of 2006 by which the Appellant was convicted of offences under Sections 489B, 489C and 420 of the Indian Penal Code and was directed to serve different terms of sentences. The Appellant was to suffer rigorous imprisonment for seven years as also to pay a fine of Rs. 2,000/ -, else to suffer rigorous imprisonment for two months for his conviction under Section 489B Indian Penal Code. In addition, the Appellant was also to serve rigorous imprisonment for five years and three years respectively for his conviction under Sections 489C and 420 Indian Penal Code.

(2.) IT appears from the written report of S.I. Gayanand Mandal(P.W.1) that he received secret information that a few persons were about to exchange fictitious and counterfeit currency notes in Sonar Bazar. Accordingly, he formed a police party and came to Sonar Bazar at about 1.30 P.M. and started searching for the man who was reportedly wearing a pink colour T -shirt. He found a young person aged about 35 years bearing pink colour T -shirt standing near the shop of Ram Chandra Sah(P.W.7) and had brought out one hundred rupee notes from his pocket for handing over it to the said Ram Chandra Sah(P.W.7) on account of having purchased some articles from the shop. The informant stated that he proceeded fast towards the man who seeing the police started running away by putting the currency notes in his T -shirt pocket. He was surrounded and apprehended and on search was found carrying four currency notes out of which three were bearing the same serial number 2UP 665322 whereas the fourth was bearing a different serial number, i.e., 2UP665343. The informant stated that mere glance of the notes was enough to satisfy him that the four notes were counterfeit notes.

(3.) A .S.I. Bishram Sharma has stated that after being handed over the charge of investigation he inspected the place of occurrence, recorded the statements of witnesses and sent the four currency notes for obtaining the opinion about its genuineness or otherwise to the Reserve Bank of India, Patna Branch which sent in its opinion Ext -4 that the currency notes, prima -facie, appeared forged and counterfeit notes and after finding materials sufficient sent up the present Appellant for trial.