Aditya Kumar Trivedi, J. - (1.) Criminal Appeal (SJ) No.455 of 2015 wherein Pushpa Devi is the appellant and Criminal Appeal (SJ) No. 498 of 2015 wherein Santosh Kumar is the appellant commonly originate against the judgment of conviction dated 13.07.2015 and order of sentence dated 16.07.2015 passed by Second Additional Sessions Judge, Saharsa in Sessions Trial no.38/2013 convicting both the appellants for an offence punishable under Section 489B of the IPC and directing each of them to undergo R.I. for ten years as well as to pay fine appertaining to Rs.5000/-, 489C of the IPC and sentenced to undergo R.I. for four years as well as to pay fine appertaining to Rs.5000/- in default thereof, to undergo S.I. for six month, additionally, with a further direction to run the sentences concurrently on account thereof, have been heard together and are being disposed of by a common judgment.
(2.) Pw.3, Chandan Kumar, S.I. Sadar P.S., Saharsa recorded his self-statement on 17.08.2012 divulging the fact that after getting confidential information with regard to transportation of Counterfeit Indian Currency Notes, informed the superior officials and, as per direction constituted raiding party consisting of S.I. Chandrakant Gauri, Awadhesh Kumar, Pramila, constable Vinay Kumar and Brahamdeo Yadav and reached at the destination, Chandani Chowk where, they have perceived suspicious activities of a women who was along with a man and further, were depicting resemblance of physical feature as disclosed by the spy whereupon, they were interrogaged. Then thereafter, they were searched out. S.I., Pramila had searched the lady namely Pushpa, as disclosed, and from a bag possessed by her 28 currency notes of 500 denomination, mobile were seized while from the possession of Santosh who was searched by him, one note of one thousand denomination, 15 notes of 500 denomination, five notes of one hundred denomination along with mobile were seized and for that, seizure list was prepared at the spot. Furthermore, they confessed their guilt and also disclosed their kingpin who was actively involved in the racket. It has further been disclosed that a requisition was made to the Branch Manager, Main Branch, SBI for examination as well as submission of report with regard to seized notes and, after examination of the aforesaid notes, Branch Manager had found by way of recording his opinion that all the notes were counterfeit Indian currency except, rupees one hundred of denomination.
(3.) On the basis of the aforesaid self-statement of PW.3, Chandan Kumar Saharsa Sadar P.S. Case No.493 of 2012 was registered followed with an investigation as well as submission of charge sheet facilitating the trial meeting with the result, the subject matter of instant appeal.;