- (1.) Shri Anil Kumar, learned counsel for the appellant and Shri Sharad Dixit, learned AGA for the State were heard at length.
(2.) Instant appeal has arisen out of judgment and order dated 31.10.2013 passed by learned Additional Sessions Judge/ Special Judge (S.C./S.T. Act), Lucknow in Session Trial No. 11 of 2011, arising out of Case Crime No. 2 of 2009, under Sections 489-A, 489B, 489-C, 489-D, 467, 468, 471, 120-B and 34 IPC, P.S. A.T.S.(Uttar Pradesh), Lucknow whereby the learned Trial Court has convicted and sentenced the appellant as under: (i) under Section 489-A IPC imprisonment for life and fine of Rs.10,000/- and in default of payment of fine, rigorous imprisonment of one year; (ii) under Section 489-B IPC imprisonment for life with a fine of Rs.10,000/- and in default of payment of fine rigorous imprisonment of one year; (iii) under Section 489-C IPC rigorous imprisonment of 7 years with a fine of Rs.5,000/- and in default of payment of fine rigorous imprisonment of six months; (iv) under Section 489-D IPC imprisonment for life with a fine of Rs.10,000/- and in default of payment of fine rigorous imprisonment of one year. All the sentences were directed to run concurrently.
(3.) According to the prosecution case, one Mohammad Arif Warsi was arrested by ATS, Uttar Pradesh at Mumbai in Case Crime No.10 of 2009, under Sections 489-A, 489-B, 489-C, 489-D, 120-B & 34 IPC, P.S. Juhu Unit. On his arrest it came to knowledge that one Girjesh Yadav @ Guddu Yadav is supplying fake currency to Mohammad Arif Warsi, who in turn gives it to Matloob. Matloob was arrested by ATS, Mumbai in August, 2009. A team of police officers under the leadership of Inspector Avinash Chandra Mishra was constituted. On 29.09.2009 at about 1:00 p.m. a secret information was received, on the basis of which police party reached at Manak Nagar Railway Station, Lucknow. All police personnel had made search of each other. An effort was made to obtain public witness but nobody was prepared to become a witness. Two teams of police personnel were constituted under two different police officers. At 3:50 p.m. accused came out of the main gate of Manak Nagar Railway Station and proceeded towards the road of Pooran Nagar. On pointing out of the informer, appellant was apprehended by the police at 3:55 p.m. at the Tiraha. Search was made in accordance with law. One railway ticket from Kanpur Bridge to Lucknow of 29.09.2009, Rs.210 in the purse, one telephone diary, one sim card of vodaphone No.9721249879, one driving license of Rajneesh Kumar along with ID card, one ultra sound in the name of Rajneesh Kumar and one pathological report of Shanti Pathology Lab, Agra in the name of Rajesh Kumar were recovered. Four packets of notes of one thousand each were recovered from the right pocket of the pant, amounting to rupees four lacs. Mobile phone was also recovered. On inquiry appellant stated that his brother Sri Krishna Kumar was engaged in the business of fake currency, who was sent to jail then appellant took the responsibility. Appellant was sending fake currency to Matloob through Mohammad Arif Warsi in Mumbai. On the demand of Mohammad Arif Warsi appellant used to print the fake currency and delivers it to him. After the arrest of Matloob and Mohammad Arif Warsi, appellant left his house and was trying to run away but was apprehended. Arrest of the appellant was made in accordance with law. All the recovered articles were sealed at the spot and recovery memo was prepared. A case under Sections 489-A, 489B, 489-C, 489-D, 467, 468, 471, 120-B and 34 IPC at Case Crime No. 2 of 2009, P.S. A.T.S.(Uttar Pradesh), Lucknow was registered.;