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2013 DIGILAW 1412 (PNJ)

Gurmej Singh v. State of Punjab

2013-10-25

K.C.PURI

body2013
Judgment K.C. Puri, J. Vide this common judgment, I intend to dispose of two criminal appeals bearing Crl. Appeal No. S-1443-SB of 2003, titled as “Gurmej Singh and another Vs. State of Punjab” and Crl. Appeal No. S-1478-SB of 2003, titled as “Ramesh Kumar Vs. State of Punjab”, as both these appeals have arisen out the same judgment and order dated 28.07.2003 passed by Shri B.S. Sandhu, Additional Sessions Judge, Fast Track Court, Ferozpur. Briefly stated, the case of the prosecution is that on 25.04.2001 ASI Bakhshish Singh, Incharge CIA staff, Ferozpur along with police party were going for patrolling and checking of suspicious elements on official Four Wheeler Make Canter bearing Registration No. PB-5-D-9550 driven by C. Sukhdev Singh from Makhu to the turning point of village Bhuppewala. At about 4.00 P.M. when the police party was in the area of village Manjhwala on the turning point of village Bhuppe wala, accused Gurmej Singh, Balvir Singh and Ramesh Kumar along with one more accused Raj Singh of village Buraj Mohamand Shah, were present there. On seeing the police party, they tried to slip away. On suspicion, the police party headed by ASI Bakhshish Singh apprehended all the three appellants before this Court. However, accused Raj Singh succeeded in fleeing from there. Personal search of all the three accused was conducted. From possession of accused Gurmej Singh fake Indian currency notes to the tune of Rs. 5200/- were recovered, out of which 6 notes were of the denomination of Rs. 500/- and 22 notes of the denomination of Rs. 100/- each. From possession of accused Balbir Singh fake Indian currency notes to the tune of Rs. 5100/- were recovered, out of which 7 notes were of the denomination of Rs. 500/- and remaining of the denomination of Rs. 100/- each. Similarly, from the possession of accused Ramesh Kumar, fake Indian currency notes to the tune of Rs. 4700/- were recovered out of which 6 notes were of the denomination of Rs. 500/- and remaining of the denomination of Rs. 100/- each. After investigation, challan was presented against all the three accused. Copies of documents were supplied to the accused free of costs as required under Section 207 Cr.P.C. Learned trial Court after hearing the arguments and going through the record framed charges under Sections 489B and 489C IPC against the accused, to which they pleaded not guilty and claimed trial. After investigation, challan was presented against all the three accused. Copies of documents were supplied to the accused free of costs as required under Section 207 Cr.P.C. Learned trial Court after hearing the arguments and going through the record framed charges under Sections 489B and 489C IPC against the accused, to which they pleaded not guilty and claimed trial. The prosecution, in order to bring home guilt of the accused, examined PW1 Devi Dayal Arora, Assistant General Manager, Reserve Bank of India, PW2 Satnam Singh, MHC, PW3 ASI Jaswant Rai PW4 ASI Bakhshish Singh, PW5 ASI Baldev Singh and thereafter closed the prosecution evidence. The accused were examined under Section 313 Cr.P.C. and all the incriminating evidence was put to them, to which they denied and pleaded false implication. The accused were called upon to lead their defence evidence and they examined DW1 Balwant Singh, Lambardar, DW2 Pritam Singh and DW3 Shalinder Singh in their defence. Learned trial Court after appraisal of the evidence found the accused guilty under Section 489C IPC and sentenced them to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 2,000/- each and in default of payment of fine to further undergo rigorous imprisonment for a period of six months each. Feeling dissatisfied with the above-said judgment and order dated 28.07.2003 passed by Shri B.S. Sandhu, Additional Sessions Judge, Fast Track Court, Ferozpur, the three accused-appellants have preferred the above noted two criminal appeals. Learned counsel for the appellants has submitted that defence witnesses have categorically stated that accused have been summoned from their villages and have been falsely implicated. It is further submitted that the currency notes are mere photostat of original and cannot be said to be fake currency notes. It is further submitted that appellants have no knowledge about the fact that currency notes are fake in nature. I have carefully considered the said submissions but do not find any force in that submissions. Some of the currency notes were bearing same numbers and that fact shows that appellants must have knowledge about the fact that currency notes are fake in nature. No doubt, the prosecution has not approached the source of fake currency notes but that itself does not disprove the case of the prosecution. Some of the currency notes were bearing same numbers and that fact shows that appellants must have knowledge about the fact that currency notes are fake in nature. No doubt, the prosecution has not approached the source of fake currency notes but that itself does not disprove the case of the prosecution. The intention to possess the fake currency notes can be gathered from its quantity and the manner in which these were recovered. It cannot be said that appellants have no knowledge that currency notes are fake in nature. There is nothing on the file to show that accused have been falsely implicated, nor even a single reason for false implication has been given. So, in view of the above discussion, the conviction of the appellants under Section 489C IPC stands affirmed. The appellants have already undergone the agony of protracted trial for the last more than 12 years and, as such, the ends of justice would be met in case their sentence is reduced to one year instead of three years awarded by the trial Court and I ordered accordingly. However, their sentence of fine stands affirmed. With the above modification of sentence, the appeal stands disposed of. The appellants are stated to be on bail. They be taken into custody to undergo their remaining part of sentence. A copy of the judgment be sent to the trial Court for strict compliance.