LAWS(PAT)-2013-4-121

SHREE NATH SHARMA Vs. THE STATE OF BIHAR

Decided On April 24, 2013
Shree Nath Sharma Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD Mr. Jitendra Kumar Pandey, learned counsel for the appellant and Mr. S.A. Ahmad, learned Additional Public Prosecutor for the State. The instant appeal has been preferred against the judgment of conviction dated 12th February, 2013 and the order of sentence dated 20th February, 2013, whereby the Ad hoc Additional Sessions Judge -IV, Buxar has found the appellant guilty for the offences punishable under sections 420, 489B/120B and 489C/120B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for five years and to pay a fine of Rs. 2000/ - for the offence under section 420 of the Indian Penal Code and in default to undergo simple imprisonment for a further period of six months, rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/ - under section 489B/120B of the Indian Penal Code and in default to undergo simple imprisonment for a further period of one year and rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/ - under section 489C/120B of the Indian Penal Code and in default to undergo simple imprisonment for a further period of one year. However, all the sentences have been ordered to run concurrently.

(2.) THE prosecution case as made out in the written report of the informant, Rakesh Bhatia, the Branch Manger of Bank of India, Buxar Branch, in short, is that on 2nd September, 1999 and 21st September, 1999, the Buxar Branch of Bank of India deposited cash including currency notes of rupees five hundred denomination in the Currency Chest Branch of the Bank of India at Patna. The Currency Chest Branch, Patna transmitted the cash available with it to the Reserve Bank of India, Patna on 10.7.2001, which included the currency notes transmitted by the Buxar Branch of Bank of India. On 21st July, 2001, the Reserve Bank of India, Patna detected eighty notes of rupees five hundred denomination as counterfeit. The slip on the tainted notes and the packet were in custody of the Reserve Bank of India, Patna. The informant stated that he received oral information that the packet containing counterfeit notes was received on 30th August, 1999, and the same bears endorsement as account no. 3002 in the writing of Sri A.K. Das (P.W. 5), the cashier of the Buxar Branch of Bank of India. On inspection of records of the Branch, it transpired that on 30th August, 1999, Rs. 40,000/ - was deposited by the appellant in his account bearing account no. 3002 and all the notes deposited by him were of Rs. 500/ - denomination. The informant stated that he received information about the entire facts from the superior officers and as per their direction he was submitting his written report. He has also stated that in this regard, Sri A.K. Singh, a Deputy Superintendent of Police, C.B.I. had also come to make enquiry from him.

(3.) IN course of trial, the prosecution has examined eleven witnesses, in all, in order to prove the charges leveled against the appellant. Out of them, P.W. 1, Ratan Chaubey, P.W. 2, Paras Nath Sharma and P.W. 4, Vinod Mishra, have been declared hostile by the prosecution. Their evidence is of no help to the prosecution.