- (1.) PROROGUE : Convicts Dev Raj and Bikram Singh are before this court by way of this appeal under sub -section (2) of Section 374 of the Criminal Procedure Code, 1973 (for short, 'the Code') to assail the correctness and sustainability of judgment of conviction and order of sentence dated June 13, 2003 of the Court of learned Additional Sessions Judge (Adhoc), Fast Track Court, Sangrur (here -in -after referred to as, 'the trial court') in Sessions Case No. 03 of May 23, 2002 (wrongly written as 2001 in the impugned judgment/order)/ Sessions Trial No. 157 of September 05, 2002 whereby they have been convicted and sentenced to undergo rigorous imprisonment for a term of seven years in addition to payment of fine amounting to Rs. 1000/ - and in default of payment of fine to undergo further rigorous imprisonment for a term of one year, each, under Section 489 -A of the Indian Penal Code, 1860 (for brevity, IPC) and to undergo rigorous imprisonment for a term of seven years in addition to payment of fine amounting to Rs. 1000/ - and in default of payment of fine to undergo further rigorous imprisonment for a term of one year, each, under Section 489 -D, IPC. Both the substantive sentences have been ordered to run concurrently.
(2.) FACTUAL Matrix: As emerging from a report submitted before learned Chief Judicial Magistrate, Sangrur, under sub -section (2) of Section 173, of the Code, on March 02, 2002, while stationed at Patiala Gate Chowk, Sangrur, Sub Inspector (SI) Harwinder Singh, the Investigating Officer (IO), received a secret information that the appellants were indulging in counterfeting of Indian currency notes, with the help of a computer, in their rented room in the house of Pritam Singh in Hargobindpura Basti, Sangrur. Believing the information to be true, he wrote a note (commonly called "Ruqa"), Exhibit PW4/A, which led to registration of a formal First Information Report (FIR, in short), Exhibit PW4/B.
(3.) INVESTIGATING Officer, accompanied by his fellow officials, after joining PW Bhupinder Singh and Head Constable (HC) Mohinder Singh from near Government Ranbir College, Sangrur, reached the disclosed place, viz. a room in House No. 14/77, Hargobindpura Basti, Sangrur and found that appellant Bikram Singh was operating the machine (say computer) and appellant Dev Raj was collecting the "currency notes" after printing; apprended both the appellants; sealed the counterfeit currency notes numbering 158, Exhibits P23 to P180 (in the denomination of Rs. 100/ - each, printed on one side only and total amounting to Rs. 15,800/ -) in a parcel with his seal bearing impression "HS", handed over the seal, after use, to PW Bhupinder Singh; took the sealed parcel, the computer and its components, Exhibits P1 to P22, in police possession vide memorandum, Exhibit PW4/D; recovered a genuine hundred -rupee Indian currency note from the scanner and took it in police possession vide memorandum, Exhibit PW4/E; drew a site plan, Exhibit PW4/C, of the scene of occurrence; recorded statements of witnesses; and on return to the police station deposited the case property with Muharrir Head Constable (MHC) Avtar Singh. The recovered fake currency notes and genuine currency note were sent, for examination, to Reserve Bank of India, Chandigarh from where a report, Exhibit PW3/A, was received stating that the currency notes in question were found to be forged. Proceedings before the Courts below: On completion of investigation, Officer -in -charge of the Police Station, prepared a report and forwarded it to the learned Chief Judicial Magistrate, Sangrur, as required by sub -section (2) of Section 173 of the Code but from a perusal of the report it appeared to the learned Chief Judicial Magistrate that the offences involved therein were triable exclusively by the Court of Session. Therefore, after complying with the provisions of Section 207 of the Code, learned Chief Judicial Magistrate committed the case to the Court of Session at Sangrur and it was ultimately entrusted to the learned trial Court.;