- (1.) Alongwith the present appeal filed by convicts Raj Kumar @ Ravi and Sukhdev Singh @ Sukha, this Court intends to dispose of Criminal Appeal No.S-1450-SB of 2010 filed by convict Arjan Singh @ Raju, as both the appeals arise out of the same judgment of conviction and sentence passed by the Additional Sessions Judge, Ludhiana on 10.4.2010.
(2.) As per the prosecution, on 28.4.2005 at about 4.15 p.m., SI Sandeep Kumar, Incharge CIA-II, Ludhiana, alongwith other police officials, was present near Railway Station Dhandari Kalan, in connection with search of bad elements. There he received a secret information that the three convicts were indulging in sale of counterfeit currency notes to labour class and present in the main market of Sherpur in search of customers and if a raid was conducted, they could be apprehended. Believing the information to be credible, SI Sandeep Kumar sent ruqa to the Police Station, on the basis of which FIR No.81 dated 28.4.2005 was registered at Police Station Focal Point, Ludhiana. SI Sandeep Kumar, alongwith his fellow officials, then raided the designated place where the three convicts were apprehended. From the personal search of convict Sukhdev Singh, 200 counterfeit currency notes of the denomination of Rs.100/- each were recovered. Similarly, 200 currency notes of the denomination of Rs.100/- each were recovered from convict Arjan Singh @ Raju and so also from convict Raj Kumar @ Ravi. All the counterfeit currency notes were taken into possession vide separate recovery memos. On interrogation, convict Sukhdev Singh @ Sukha suffered a disclosure statement and got recovered from the disclosed place articles like computer, monitor, key-board, printer, UPS, Battery, CPU, two cutters, ink, press, small fan, white papers, seals of Mahatma Gandhi engraved on wood, one silver pen and printed counterfeit notes of Rs.100/- each on papers and all these articles alongwith the recovered counterfeit currency notes were taken into possession vide recovery memo. Convict Arjan Singh @ Raju also got recovered 50 counterfeit currency notes of the denomination of Rs.100/- each on the basis of his disclosure statement from the disclosed place whereas convict Raj Kumar @ Ravi got recovered 70 counterfeit notes of the denomination of Rs.100/- each. The recovered counterfeit currency notes were sent to the India Security Press, Nasik Road, Maharashtra for analysis and report was received. Statements of the witnesses were recorded and the site plan prepared. After completion of the investigation, challan was presented and case committed to the Court of Sessions where charges under Sections 489-A, 489-B and 489-C IPC were framed against the three convicts. In addition, convict Sukhdev Singh @ Sukha was charged for an offence under Section 489-D IPC.
(3.) The trial of the case ended with conviction of the three convicts for the various offences for which they stood charged and vide judgment and order dated 10.4.2010, they were sentenced as follows :- (i) Rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- each under Section 489-A IPC and in default of payment of fine, to undergo further rigorous imprisonment for one month; (ii) Rigorous imprisonment for seven years and to pay a fine of Rs.2,000/- each under Section 489-B IPC and in default of payment of fine, to undergo further rigorous imprisonment for one month; and (iii) Rigorous imprisonment for five years and to pay a fine of Rs.1,000/- each under Section 489-C IPC and in default of payment of fine, to undergo further rigorous imprisonment for 15 days.;