JYUT CHAUDHARY Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Alok Singh, J. -
(1.) PRESENT appeal is directed against the judgment and order dated 31.05.2010 passed by Sessions Judge, Haridwar, in Sessions Trial No. 128 of 2010 whereby appellants herein were held guilty for the offences punishable under Section 489 -B and 489 -C I.P.C. and were sentenced to undergo rigorous imprisonment for the period of 05 years and to pay fine of Rs. 5,000/ - each and in default in making payment of fine, to undergo additional imprisonment of 03 months for the offence punishable under Section 489 -B; to undergo rigorous imprisonment for the period of 05 years and to pay fine of Rs. 5,000/ - each and in default of making payment of fine, to undergo additional imprisonment of 03 months for the offence punishable under Section 489 -C I.P.C.
(2.) AS per the prosecution story, S.H.O. Kankhal, Haridwar Naveen Chandra Semwal (PW 1) along with ASI Surendra Singh Bisht, SI Bhawani Shankar Pant (PW 2), Constable Ajay, Constable Anil and Constable Vinod left the Thana at about 11:30 p.m. on 01.10.2009 for patrolling/vehicle checking duty; at about 02:00 a.m. appellants were seen coming on foot; seeing the police party, appellants started behaving abnormally and started walking fast; appellants were apprehended near the barrier and were asked about their identities; appellants disclosed their respective names and addresses; search was conducted on the person of the appellants; on the search from appellant No. 1, 48 currency notes of Rs. 500/ - domain were recovered; from appellant No. 2, 44 currency notes of Rs. 500/ - domain were recovered and from appellant No. 3, 44 currency notes of Rs. 500/ - domain, 15 notes of Rs.100/ - domain, 05 notes of Rs. 50/ - domain, 03 notes of Rs. 20/ - domain and 19 notes of Rs. 10 domain were recovered; having seen carefully all the currency notes so recovered from the possession of the appellants, same were found to be fictitious and counterfeit; appellants started pleadings before the police and told the police that they were the poor persons and they were able to feed their respective families out of earned income; currency notes so recovered were kept under the seal and signatures of PW 1 and thereafter FIR was lodged at Thana. Investigation was handed over to SI Rajendra Singh Aswal (PW 4). After investigation, charge -sheet was submitted against the appellants for the offences punishable under Sections 489 -B and 489 -C I.P.C. After committal of the trial, charges were framed against the appellants for the offences punishable under Sections 489 -B and 489 -C I.P.C. All the appellants denied the charges and claimed trial.
(3.) TO prove the prosecution case, Naveen Chandra Semwal, S.H.O. Kankhal (PW 1), Bhawani Shankar Pant (PW 2), Manoj Bhandari (PW 3) and Sub -Inspector Rajendra Singh Aswal (PW 4) were examined thereafter statements of all the appellants were recorded under Section 313 of the Code of Criminal Procedure. Having perused the records learned Sessions Judge was pleased to pass the judgment and order impugned in the present appeal.;
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