(1.) Sole appellant Prabhu Sahani has been found guilty for an offence punishable under Section 489(B) and 489(C) of the I.P.C. and has been directed to undergo rigorous imprisonment for seven years as well as to pay fine of Rs.10,000/- and in default thereof, to undergo imprisonment for six months, additionally under Section 489(B) of I.P.C., rigorous imprisonment for seven years under Section 489(C) of I.P.C. with a further direction to run the sentences concurrently vide judgment of conviction dated 02.04.2015 and order of sentence dated 08.04.2015 passed by the Additional Sessions Judge-4th, West Champaran at Bettiah in Sessions Trial No.689 of 2013.
(2.) PW-5 Himanshu Kumar Singh recorded his self-statement on 15.03.2015 at about 30 p.m. at Shikarpur P.S. Campus alleging inter alia that on the same day at about 1.00 p.m., he received confidential information that three persons having fake Indian currency have arrived near bus stand lying by the side of railway crossing and were in a way to Delhi. On this information, he along with SAP Constable, Vijay Kumar (PW-7), Uttam Singh (PW-3), Md. Nizamuddin (PW-4) proceeded. When they reached at Narkatiaganj Bus Stand, three persons, seeing police ran away, who were chased and out of them, one was apprehended while remaining two managed to escape. Apprehended accused disclosed his identity as Prabhu Sahani, son of Sheo Nath Sahani of village-Jhakhara Baswariya, P.S. Jagdishpur, District-West Champaran and further, disclosed the name of his associate as Shokha Baba @ Giri and Lalan Sah. In presence of two independent witnesses namely, Manoj Kumar Kushwaha (PW-1) and Monu Kumar Pandey (PW-2), Prabhu Sahani was searched and during course thereof, 95 Indian currency notes of one thousand denomination, one voter ID Card belonging to Prabhu Sahani were seized from his possession. Furthermore, the serial number of currency notes have also been disclosed. On query, the aforesaid Prabha Sahani had disclosed that these currency notes are fake and the persons who succeeded in their escape have given aforesaid currency notes instructing to carry it to Delhi and in lieu thereof, he was to get Rs.1,000/- as remuneration. It has also been disclosed by Prabhu Sahani that aforesaid two persons were also possessing two lacs of counterfeit Indian currency.
(3.) On the basis of the aforesaid self-statement, Shikarpur P.S. Case No.84 of 2013 was registered under Section 489(A), 489(B) and 489(C) of the I.P.C. whereupon investigation was taken up and after completing the same, charge-sheet was submitted under the aforesaid Sections where under cognizance was also taken, ultimately, paving way for trial which ultimately concluded in a manner, the subject matter of instant appeal acquitting the appellant for an offence punishable under Section 489(A) I.P.C.