GOLO MANDLA RAM RAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) All the appellants named above have preferred these appeals against the impugned judgment and order dated 5-2-2001 to 8-2-2001 respectively passed in Sessions Trial No. 817 of 1998 by Sri Radha Krishna, 2nd Addl. Judicial Commissioner, Ranchi whereby and whereunder appellant Golo Mandla Rama Rao, Ranjit Bahadur Singh alias Munna Singh and Manoj Kumar were found guilty for the offence punishable under Sections 489A, 489B. 489C and 120B of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life for the offences under Sections 489A and 489B IPC each and R. I. for seven years for the offence under Section 489-C I.P.C. However, no separate sentence was imposed for the offence under Section 120B IPC A fine: of Rs. 10,000/- was imposed against each of them under each count and in default thereof to undergo imprisonment for one month. 'Appellant Uma Shankar Singh was found guilty for the offence under Sections 489A, 489D, 489C and 120B of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life each for the offence under Sections 489A and 489D IPC arid R.I. for seven years for the offence under Section 489C. However, no separate sentence was imposed upon him for the offence under Section 120B IPC but fine of Rs. 10,000/- was imposed against him under each count aforesaid and in default thereof to undergo imprisonment for one month. All the sentences have, however, been ordered to run concurrently. Co-accused Kedar Ram and Pramod Kumar were however, not found guilty and they were accordingly acquitted.

(2.) The prosecution case has arisen on the basis of the self-statement (Ext; 5) of P.W. 1, Baijnath Singh, S. I.-cum-O.C. Lalpur P.S., District Ranchi recorded on 21-7-1998 at 20.30 hours in the house of appellant Manoj Kumar situate in Mohalla Purulia Road, P.S. Lalpur, District Ranci lodged before Lalpur P. S. on that very day at 22.00 hours regarding the occurrence which is said to have taken place in the east facing house and "sahan" of appellant Manoj Kumar situate at Purulia Road, P.S.I. Lalpur District Ranchi between 19.00 hours and 20.15 hours on that very day. The case was Instituted against nine culprits including appellants Manoj Kumar, Gola Mandla Ram Rao and Munna alias Ranjit Bahadur Singh and acquitted accused Kedar Ram by drawing the F.I.R. on that very day at 22.00 hours which was received in the Court empowered to take cognizance on 22-7-1998. The name of appellant Uma Shankar Singh and acquitted accused Pramod Kumar, however, transpired in course of investigation of this case. The charge-sheet has been submitted against the appellants named above besides acquitted co-accused Kedar Ram and Pramod Kumar only.

(3.) The prosecution case as per self-statement (Ext.5) of P.W. 1 Baijnath Singh, O/C Lalpur P.S., the informant, in brief, is that P.W. 10, S. I., Victor Anthony of Namkum Circle in the company of P.W.4, S.I., Birendra Kumar Singh of Namkum P. S. came to the Lalpur Police Station and gave information to the informant that they have received confidential information that appellant Manoj Kumar, s/o Kali Prasad Sahu residing at Purulia Road, P.S. Lalpur, District Ranchi deals in the business of counterfeit currency notes and he provides that said counterfeit currency notes to his agents for circulation in the market and he has received the counterfeit currency notes from outside Ranchi which he is distributing to his agents and raid at his house may cause the recovery of the counterfeit currency notes and the mystery in respect thereof can be unveiled. It is alleged that after making entry in respect thereof in the Station Diary of the Lalpur P. S. the informant in the company of P.W. 11. S.I. Bijay Kumar Prasad, P.W. 9, S. I., Anand Kumar, P.W. 5, S. I., Ashok Ram in the company of P.W. 10 S. I. Victor Anthony and P.W. 4, S. I. Birendra Kumar Singh with the police force raided the house of appellant Manoj Kumar at 18.15 hours on 21-7-1998 in the company of two independent witnesses namely, P.W. 2 Brijesh Tiwary and P.W. 3, Manoj Kumar Agarwal. It is alleged that prior to the raid the informant and others had given their search to the said independent witnesses. The prosecution case further is that the informant along with others surrounded the house of Manoj Kumar and thereafter the informant along with others entered into the house of Manoj Kumar and he found one person coming out of the room of the house of appellant Manoj Kumar who was arrested and he disclosed his name as Golo Mandla Rama Rao and his person was searched in presence of the aforesaid witnesses and from the right pocket of his full-pant 150 pieces of counterfeit currency notes of Rs. 100/- denomination were recovered which are of the different series such as 1 piece of 9 UK 843701. 16 pieces of 9 UK 843702, 19 pieces of 9 UK 843704,21 pieces of 9 UK 843704,16 pieces of 9 UK 843705, 16 pieces of 9 UK 843706. 13 pieces of 9 UK 843707, 15 pieces of 9 UK 843708, 9 pieces of 9 UK 843709, 10 pieces of 9 UK 843710, 2 pieces of 9 UK 843711, 3 pieces of 9 UK 843712, 3 pieces of 9 UK 843713, 5 pieces of 9 UK 843714, 1 piece of 9 UK 843715 and from the left pocket of his full-pant 100 pieces of counterfeit currency notes were recovered which are of the different series i.e., 8 pieces of 9 UK 843709, 6 pieces of 9 UK 843710, 1 piece of 9 UK 843711,2 pieces of 9 UK 843712, 1 piece of 9 UK 843710 pieces of 9 UK 843715, 28 pieces of 9 UK 843716, 5 pieces of 9 UK 843717, 17 pieces of 9 UK 843718, 22 pieces of 9 UK 843719. It is alleged that in all 250 pieces of counterfeit currency notes of Rs. 100/- denomination, total being of Rs. 25.000/- were recovered from appellant Golo Mandla Rama Rao and he disclosed on query that the aforesaid counterfeit currency notes were delivered to him by appellant Manoj Kumar for their circulation in the market on payment of commission of 25% and he had to refund 75% of the said amount to Manoj Kumar after their circulation in the market. It is further alleged that appellant Golo Mandla Rama Rao further stated before him that he is circulating the counterfeit currency notes in the market for the last five or six months with the aid and assistance of appellant Manoj Kumar, who used to provide him with those counterfeit currency notes. It is also alleged that the seizure list (Ext. 2) in respect thereof was'prepared in presence of the witnesses aforesaid and appellant Golo Mandla Rama Rao put his signature {Ext. 1/1) on the said seizure list in token of acceptance of a copy of the said seizure list and he was taken into custody.