IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Appeal No. 108 of 2008 1. Pramukh Kumar S/o Shri Hulas Prasad 2. Pappu Kumar S/o Shri Hulas Prasad Both R/o Visunpur Mattia Akha Police Station Paharpur District Motihari (Purvi Champaran) Bihar ……….Appellants (in jail) Versus State of Uttarakhand …………Opposite Party Shri Yogesh Pandey, Advocate, present for the appellants. Shri Amit Bhatt, A.G.A., present for the state. Hon’ble Prafulla C. Pant, J. This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against the judgment and order dated 30.04.2008, passed by Sessions Judge, Champawat, in Sessions Trial No. 08 of 2006, whereby said court has convicted the appellants Pramukh Kumar and Pappu Kumar under section 489C IPC, and sentenced Pramukh Kumar to rigorous imprisonment for a period of seven years, and directed him to pay fine of ` 5,000/-, and sentenced 2 Pappu Kumar to rigorous imprisonment for a period of six years, and directed him to pay fine of ` 4,000/-. 2. Heard learned counsel for the parties, and perused the lower court record. 3. Prosecution story, in brief, is that on 26.03.2006, Sub-Inspector Brij Mohan Upreti (P.W.1) on receiving secret information went towards Goralchaur Road where he intercepted accused/appellants Pramukh Kumar and Pappu Kumar, residents of Bihar. On their search, Sub- Inspector Brij Mohan Upreti (P.W.1) who was accompanied with other police constables including constable Keshram (P.W.2) found that accused/appellant Pramukh Kumar was in possession of three fake currency notes of denomination of ` 1,000/-, and accused appellant Pappu Kumar was having two fake currency notes of denomination of ` 5,00/- and one fake currency note of denomination of ` 1,000/-. The police after recovery of the fake currency notes prepared recovery memo (Ex. A1), and registered crime no. 59 of 2006, against the two accused relating to offence punishable under section 489C IPC. Station House 3 Officer , R.S. Tolia (P.W.4) investigated the crime, and after completion of investigation submitted charge sheet (Ex. A5) against the two accused Pramukh Kumar and Pappu Kumar for their trial in respect of offence punishable under section 489C IPC. 4. The Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused as required under section 207 Cr.P.C., committed the case to the court of Sessions for trial. Learned Sessions Judge, Champawat, after hearing the parties on 12.09.2006, framed charge of offence punishable under section 489C IPC, against both the accused Pramukh Kumar and Pappu Kumar who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W.1 S.I. Brij Mohan Upreti (complainant), P.W.2 Keshram (eye witness of recovery), P.W.3 H.M. Gopal Ram (who prepared check report), and P.W.4 Station House Officer, R.S. Tolia (Investigating Officer). Oral and documentary evidence was put to the accused under section 313 Cr.P.C., in reply to which they alleged that evidence adduced against them is false. However, no evidence in defence was adduced. The trial court, after hearing the parties, found that prosecution has 4 successfully proved charge of offence punishable under section 489C IPC, against the two namely Pramukh Kumar and Pappu Kumar, and convicted them accordingly. After hearing on sentence, convict Pramukh Kumar was sentenced to rigorous imprisonment for a period of seven years and directed to pay fine of ` 5,000/-. Convict Pappu Kumar was sentenced to rigorous imprisonment for a period of six years, and directed to pay fine of ` 4,000/-. Aggrieved by said judgment and order dated 30.04.2008, this appeal is preferred by the convicts. 5. P.W.1 S.I. Brij Mohan Upreti and P.W.2 Constable Keshram have stated on oath that on 26.03.2006, at about 5:50 p.m., on secret information received on phone, complainant (P.W.1) alongwith other constables (including constable Keshram) went towards Goralchaur Road in Champawat, where they intercepted the two accused. On being questioned , the two disclosed their identity as Pramukh Kumar and Pappu Kumar, both residents of State of Bihar. The aforesaid two witnesses have further stated that they took search of the persons of the two accused, and found that they were in possession of fake currency notes. From the 5 possession of Pramukh Kumar three fake currency notes of denomination of ` 1,000/- bearing no. 7DN 657215, 7DN657219 and 7DN65220 were recovered. From the possession of accused Pappu Kumar one fake currency note of denomination of ` 1,000/- bearing no. 7DN657210, and two fake currency notes of denomination of ` 500/- bearing no. 5BC797151 and 5BC797155 were recovered. The two eye witnesses have further stated that recovery memo (Ex.A1) was prepared. They also identified fake currency notes before the trial court as Ex.1 received from accused Pramukh Kumar and Ex. 2 received from accused Pappu Kumar. 6. P.W.4, Station House Officer, R.S. Tolia (Investigating Officer) has stated that the fake currency notes were sent to the Government Press, Nasik, for examination, and report (Ex. A7) was received from the Currency Notes Press, Nasik, Road, in which it was reported that the papers recovered from the accused were not genuine currency notes. 7. Learned counsel for the appellants submitted that appellants are poor labourers belonging to the State of Bihar, and they were not 6 aware of the genuineness of the notes. It is further contended that they cannot be held guilty of the charge framed against them. 8. Having considered submissions of learned counsel for the parties, and after reappreciating the entire evidence on record, this Court is of the view that trial court has committed no error of law in appreciating the evidence, and coming to the conclusion that the police party recovered three fake currency notes of denomination of ` 1,000/- from the possession of appellant Pramukh Kumar, and three fake currency notes i.e., one of the denomination of ` 1,000/- and other two of denomination of ` 500/- were recovered from the accused Pappu Kumar. The recovery memo (Ex. A1) shows that it was signed by Pappu Kumar and Pramukh Kumar. The report of the Currency Note Press, Nasik Road (Ex. A7) cannot be disbelieved. Therefore, as far as conviction of the appellants is concerned same suffers from no illegality. However, on the point of sentence, considering the economic status of the accused/appellants that they are poor labourers from the State of Bihar, this Court is of the view that they have already undergone more than three years in jail during the pendency of the trial and this 7 appeal. That sentence is sufficient and proportion to their guilty. 9. Therefore, this appeal is partly allowed. So far as the conviction of the appellants Pramukh Kumar and Pappu Kumar under section 489C IPC is concerned, the same is affirmed. However, considering the facts and circumstances of the case, sentence of imprisonment awarded against each of the accused/appellants is modified and reduced to period of three years. It is provided that in case of failure to deposit the fine directed to be deposited by the trial court, the defaulter shall undergo further imprisonment for a period of three months only. Let the copy of this judgment be sent to the Superintendent of Jail concerned, and if the two appellants have served out the sentence as modified by this Court, they shall be set at liberty provided that they are not required to be detained in connection with any other crime. Lower court record be sent back. (Prafulla C. Pant, J.) Parul 09.06.2011