Rajiv Lochan Mehrotra, J. - (1.) Heard Sri Daya Shankar Mishra and Sri Sunil Kumar Mishra learned counsels for the appellants, learned A.G.A. and perused the material available on record.
(2.) Both these appeals arise out of the common judgment dated 8.4.2013 passed by Additional Sessions Judge, Court No. 14, Varanasi in S.T. No. 378 of 2006 arising out of Case Crime No. 148 of 2006 convicting the appellant Sanjay Yadav for ten years rigorous imprisonment coupled with a fine of Rs. 10,000/- under Section 489-B I.P.C. and five years rigorous imprisonment coupled with a fine of Rs. 5000/- under Section 489-C I.P.C. while appellants Ram Bhawan Yadav and Dinanath Yadav each are convicted and sentenced for seven years rigorous imprisonment and a fine of Rs. 7000/- under Section 489-B I.P.C. and four years rigorous imprisonment coupled with a fine of Rs. 4000/- under Section 489-C I.P.C.
(3.) Brief facts of the case are that on 11.6.2006 at about 2.30 PM, the Additional Superintendent of Police, S.T.F. received an information to the effect that some persons, related to a foreign intelligence agency, I.S.I., & having huge amount of fake currency notes of Rs. 500/- denominations, are about to come near the cantt. roadways bus stand situated within the territorial jurisdiction of Thana Cigra, Varanasi. Acting on the information so received, Sub Inspector Dhananjay Mishra alogwith constables Angad Yadav, Ram Jeet Tiwari, Umashankar Yadav and Chandrabhan Yadav reached on the spot and hide themselves in suitable places. After sometime a person reached there near public toilet (Sulabh Complex) situated at the bus stand and kept on waiting there for sometime. After 10-15 minutes two more persons came there and all of them entered into the public toilet (Sulabh Complex) wherein the first person provided something to rest two persons and thenafter all of them came out of the said toilet. On the pointing out of the informer, all the three accused/appellants were nabbed by the police at about 3.00 PM. Thirty fake currency notes each of Rs. 500/- denominations were recovered from the possession of Sanjay Yadav, 15 fake currency notes each of Rs. 500/- denominations were recovered from the possession of Ram Bhawan Yadav while 14 fake currency notes each of Rs. 500/- denominations were recovered from the possession of Deena Nath Yadav. On interrogation Sanjay said that he used to carry these notes from Nepal and sells it through Ram Bhawan and Dinanath Yadav. During the said process some persons also reached on the spot but none of them became ready to be a witness. After the arrest of the accused/appellants recovery memo was prepared on the spot and the recovered goods were duly sealed.;