Kuldip Singh, J. - (1.) ACCUSED -appellant has filed this appeal against the judgment and order dated 9.12.2003 passed by learned Additional Sessions Judge, Kaithal vide which the accused -appellant was convicted under Sections 489 -B/489 -C/419 IPC and sentenced as under: Under Section 489 -B IPC: RI for five years and fine of Rs. 2000/ -. In default thereof, further RI for 4 months. Under Section 489 -C IPC RI for 2 years and fine of Rs. 100/ -. In default thereof, further RI for 2 months. Under Section 419 IPC RI for one year and fine of Rs. 500/ -. In default thereof, further RI for one month.
(2.) ALL the sentences were directed to run concurrently. The prosecution story is that complainant Amarjit Singh is running a tea chop at Bus Stand, Ramthali, District Kaithal, Haryana. On 13.9.2002, accused Nirmal Singh came there and took tea and mattar (snacks) and handed over a currency note of Rs. 50/ - as a price of the said commodities. Complainant Amarjit Singh became suspicious that said note of Rs. 50/ - is counterfeit. In the meanwhile, ASI Hem Chander accompanied by HC Kehar Singh and Constable Balbir came to the shop of complainant Amarjit Singh. Amarjit Singh made statement Ex. PD to ASI Hem Chander, Incharge, PP Ramthali. The police thereafter made the endorsement and sent the same to the police station where formal FIR was registered. Accused was apprehended at the spot. His further search resulted in the recovery of two more counterfeit currency notes of Rs. 50/ - each and one currency note of Rs. 100/ - from the purse of his pocket. The same were taken into possession vide recovery memo Ex. PE. Site plan of the place of recovery was prepared.
(3.) ON 15.9.2002, SI Raj Singh Incharge, Police Station Guhla interrogated the accused. Accused suffered disclosure statement Ex. PG wherein he stated that about 15 -20 days back he was working as a servant with Jang Singh, Ex Sarpanch, resident of village Paharpur. About 10 days earlier he met a boy, namely, Raju, who told him that at Delhi Railway Station double counterfeit currency notes are supplied and he was asked to arrange for the money. Therefore, accused borrowed Rs. 500/ - from Jang Singh and went with the said boy Raju to New Delhi Railway Station to purchase counterfeit currency notes, but the said man was not available. Then said Raju talked with someone else on mobile phone and took him to Rohtak Railway Station from where Raju purchased counterfeit currency notes of Rs. 4000/ - from a person sitting on the tea shop whereas the accused purchased counterfeit currency notes of Rs. 1000/ - by paying Rs. 500/ - out of which Rs. 250/ - have been recovered by the police. Accused further disclosed that he has kept concealed two currency notes of Rs. 50/ - each in the Kotha of Sarpanch at village Paharpur and can get the same recovered. Accordingly, accused got recovered two more counterfeit currency notes of Rs. 50/ - each which were taken into possession vide separate recovery memo Ex. PH. Site plan of the place of recovery Ex. PJ was prepared.;