- (1.) THIS is an appeal under sub -section (2) of Section 374 of the Criminal Procedure Code, 1973 (Cr.P.C., for short). On the target is judgment of conviction and order of sentence dated 05.08.2003 passed by learned Additional Sessions Judge, Amritsar (trial court, for short) in Sessions Case No. 32 of 2002, State versus Jatinder Singh and another, convicting and sentencing the appellants, Jatinder Singh aka Sonu and Hardip Singh aka Deepa, each, to rigorous imprisonment for a term of four years in addition to fine amounting to Rs.400/ - and in default of payment of fine to further rigorous imprisonment for a term of two months under Sections 489A and 489D of the Indian Penal code, 1860 (IPC, for short), and rigorous imprisonment for a term of two years in addition to fine amounting to Rs. 200/ - and in default of payment of fine to further rigorous imprisonment for a term of one month under Sections 489C, IPC.
(2.) PROSECUTION story: Put as concisely as one may, prosecution story, as discernible from the report submitted in terms of sub -section (2) of Section 173, Cr.P.C., is that on 11.05.2002 a police party, comprising Sub Inspector (SI) Gurdev Singh, Station House Officer (S.H.O.), Police Station, Chheharta, Amritsar (hereinafter referred to as the Investigating Officer) and other police officials, was present at Naraingarh bye -pass in connection with usual patrol duty. Investigating Officer received a telephonic message from Ashwani Kapoor DSP (Rural -I) to the effect that the appellants were running a computer centre with the name of "Rim Zim Computer Centre" in Guru Bazar, Chheharta and were preparing fake currency notes for using the same in the market as original. He wrote a note (commonly called a ruqa), Exhibit PG, on the basis of which First Information Report (FIR, for short), Exhibit PA, was registered. Investigating Officer joined Natha Singh as a public witness, raided the disclosed place, found that appellant Hardip Singh aka Deepa was preparing fake currency notes by operating the computer, and appellant Jatinder Singh aka Sonu was preparing bundles thereof. Investigating Officer, apprehended the appellants; recovered from appellants' possession, vide memorandum, Exhibit PB, one Central Processing Unit (CPU), Exhibit P2, Monitor, Exhibit P1, Printer, Exhibit P3, Scanner, Exhibit P4, Key Board, Exhibit P6, Mouse, Exhibit P5, computer leads, Exhibits P7 and P8, 34 fake currency notes in the denomination of Rs. 1000/ -, each, printed on both sides, 22 currency notes of the same denomination printed on one side only, one currency note in the denomination of Rs. 100/ - and 123 currency notes in the denomination of Rs. 100/ -, each, printed on one side only, (Exhibits P9 to P188 -with face value of Rs. 68400/ -), after making the recovered fake currency notes into a parcel and sealing that parcel with his seal bearing impression "GS"; handed over the seal, after use, to Assistant Sub Inspector (ASI) Gurinderpal Singh; drew site -map of the place of occurrence, Exhibit PH, and recorded statements of the witnesses. Recovered fake currency notes were examined by experts at Reserve Bank of India and vide report dated 09.07.2002. Exhibit PJ, it was opined that the notes sent for examination were forged currency notes.
(3.) PROCEEDINGS before the jurisdictional magistrate: Soon after investigation was complete, officer -in -charge of the Police Station forwarded to the learned jurisdictional magistrate, a report as required by sub -section (2) of Section 173, Cr.P.C. Learned jurisdictional magistrate complied with the provisions of Section 207, Cr.P.C., and on perusal of the report it having appeared to him that offence involved in the case was triable exclusively by the Court of Session, he committed the case to the Court of Session at Amritsar. Proceedings before the trial court: Learned Sessions Judge, Amritsar assigned the case for disposal to the learned trial court.;