Punjab-Haryana High Court
Nirmal Singh vs State Of Haryana on 19 August, 2014
Author: Kuldip Singh
Bench: Kuldip Singh
Crl. Appeal No.S-452-SB of 2004 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Appeal No.S-452-SB of 2004
Date of decision: 19.8.2014
Nirmal Singh
..Appellant
Versus
State of Haryana
..Respondent
CORAM: HON'BLE MR. JUSTICE KULDIP SINGH
Present: Mr. N.S.Dandiwal, Advocate for the appellant.
Mr. Dhruv Dayal, DAG Haryana for the respondent-State.
Kuldip Singh, J.
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 Kumari Meenu 2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -2- Rs.500/-. In default thereof, further RI for one month.
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 `50/- as a price of the said commodities. Complainant Amarjit Singh became suspicious that said note of `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 `50/- each and one currency note of `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.
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 Kumari Meenucurrency notes are supplied and he was asked to arrange for the 2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -3- money. Therefore, accused borrowed `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 `4000/- from a person sitting on the tea shop whereas the accused purchased counterfeit currency notes of `1000/- by paying `500/- out of which `250/- have been recovered by the police. Accused further disclosed that he has kept concealed two currency notes of `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 `50/- each which were taken into possession vide separate recovery memo Ex.PH. Site plan of the place of recovery Ex.PJ was prepared.
During the course of investigation, it came out that accused, who had earlier disclosed his name as Kewal Singh s/o Gian Singh r/o Bishanpura, Patiala now r/o village Paharpur, is infact Nirmal Singh s/o Balwant Singh, r/o Rampura Kotheshah Ali, P.S.Sunam District Sangrur. Therefore, offence under Section 419 IPC was added.
After completion of investigation, challan was presented against the accused in the Court.
Accused was charge sheeted under Sections 489-A, 489- B, 420 and 419 IPC to which they pleaded not guilty and claimed trial.Kumari Meenu
2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -4-
In support of its case, prosecution examined as many as six witnesses.
When examined under Section 313 Cr.P.C. accused pleaded false implication and claimed that he is innocent.
Accused did not lead any evidence in defence.
After hearing the learned Public Prosecutor for the State, learned defence counsel and going through the evidence, learned Additional Sessions Judge, Kaithal convicted and sentenced the accused aforesaid.
I have heard learned counsel for the parties and have gone through the case file carefully.
In this case, there are serious contradictions and discrepancies which raise doubts about the genuineness of the prosecution case. At the time of arrest, accused disclosed that his name is Kewal Singh s/o Gian Singh, r/o Bishanpura, Patiala. Not only this, he also suffered disclosure statement Ex.PG to the police on 15.9.2002 disclosing that he is working as servant of one Jang Singh, Ex.Sarpanch, r/o village Paharpur and he has kept concealed two counterfeit currency notes of `50/- each in the Kotha of said Jang Singh, Ex.Sarpanch. He accordingly led the police party to the said place and got recovered two counterfeit currency notes which were taken into police possession through recovery memo Ex.PH. Jang Singh, Ex.Sarpanch who was owner of the house, is not stated to have been joined at the time of raid which means that police verified the address given by the accused by making recovery from Kumari Meenu 2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -5- the house of Jang Singh, Ex. Sarpanch r/o village Paharpur. However, the police claimed that later on the accused disclosed his name as Nirmal Singh s/o Balwant Singh r/o Rampura Kotheshah Ali, P.S.Sunam, District Sangrur. The police verified the same and thereafter added offence under Sections 419/420 IPC against the accused. Two things cannot stand together. If the previous name and address given by the accused was not only verified but in consequence thereof, recovery was effected from the house of Ex.Sarpanch Jang Singh, r/o village Paharpur, then it is not possible that police might not have come to know about the fake identify of the accused. The other possibility is that police did not visit the spot, therefore, they did not come to know about the real name of the accused-appellant. In this case, accused claimed that he belonged to village Bishanpura and later on he was found to be resident of village Rampura Kotheshah Ali, P.S.Sunam, District Sangrur. Complainant Amarjit Singh claimed that accused came all the way from his residence in a village in Police Station Sunam to Ramthali District Kaithal, P.S.Guhla just to use one currency note of `50/- that too for the purchase of tea and Mattar. The travelling distance between the village of the accused and village of the complainant is very long and if this story is accepted as true, the accused might have to spend some money in reaching a village in Police Station Guhla just to use fake currency note of `50/- Surprisingly, police also arrived at the spot but accused did not go anywhere and kept waiting till he was apprehended by the police. This also does not appeal to the common Kumari Meenu 2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -6- sense and reasoning. Complainant Amarjit Singh claimed in his examination-in-chief that accused remained seated for about 20 minutes. This part of the statement of Amarjit Singh also does not appeal to common sense. Though the disclosure statement is admissible against the accused under Section 27 of the Evidence Act to the extent of recovery effected in pursuance thereof but the story disclosed therein can be used by the accused against the prosecution. The story given in the disclosure statement Ex.PG shows that just to purchase fake currency notes of `500/-, accused went all the way from Patiala to New Delhi and then to Rohtak which is on the different side and bought counterfeit notes of `1000/- by paying genuine currency notes of `500/-. This journey from Patiala to Delhi and Rohtak and back, might have entailed the expenses of more than `500/-. It also shows that story of buying of currency notes from Rohtak also does not appeal to the reasoning. Needless to say that police did not try to verify the where-abouts of Raju, who is stated to have taken the accused to Delhi and Rohtak for the purchase of counterfeit currency notes. Therefore, story of purchase and trying to use fake currency notes knowing it to be counterfeit, does not appeal to reasoning nor the story of impersonation by the accused is convincing. It being so, it cannot be said that prosecution case is proved against the accused beyond all reasonable doubts.
In view of the matter, I grant benefit of doubt to the accused and acquit him of the charges against him. His bail bonds and surety bonds stand discharged.Kumari Meenu
2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh Crl. Appeal No.S-452-SB of 2004 -7-
The appeal is accordingly allowed.
( Kuldip Singh ) 19.8.2014 Judge Meenu Kumari Meenu 2014.08.21 15:17 I attest to the accuracy and integrity of this document High Court, Chandigarh