Madhya Pradesh High Court
Bhuresingh vs The State Of M.P. on 22 May, 2017
Cr.A.No.100/2000
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
SINGLE BENCH: HON. JUSTICE SHRI RAJEEV KUMAR DUBEY, J.
Cr.A.No.100/2000
Bhure Singh S/o Moji Singh Sikligar
Versus
State of M.P.
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Shri B.K.Gupta, learned counsel for the appellant.
Shri Himanshu Joshi, learned Panel Lawyer for the
respondent/State.
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JUDGMENT
(Delivered on 22/05/2017) This criminal appeal has been filed against the judgment dated 31.12.1999 passed by 1st Addl.Sessions Judge, Barwani in S.T.No.288/1996, whereby learned Addl.Sessions Judge found the appellant guilty for offence under Section 489-B of IPC and sentenced to undergo two years RI with fine of Rs.500/- and under Section 489-C of IPC and sentenced to undergo one year RI with fine of Rs.500/- with default stipulation.
As per prosecution case on 14.12.1996 at 2.00 PM when the complainant Chaku Lal was on his shop situated at village Palsood, co-accused Mangal Singh came there and purchased wheat for Rs.45/- and gave a currency note of Rs.100/-. The complainant was not having change, so he went to Budhu Seth for change. Budhu Seth returned the said currency note saying that it was fake. On that the complainant Chaku Lal along with Budhu Seth, Sitaram and Babu Sen went to Police Chowki, Palsood and lodged a report. On that report crime no.076/94 for the punishable under section 489(B) was registered and Police investigated the matter. During investigation the said fake currency note was seized from the possession of Chaku Lal and seizure memo was prepared and Police arrested the co-accused Mangal Singh. On the interrogation co-accused Mangal Singh gave information that he got said fake note form appellant Bhure Singh. On that information police arrested appellant Bhure Singh and arrest memo was prepared and on information of Bhure Singh 25 Fake currency notes of Rs.100/- were seized from the possession of appellant and other persons Cr.A.No.100/2000 whom the appellant had given the said Fake currency notes and on that original crime no. 374/94 was registered at P.S. Rajpur District Barwani and after investigation charge sheet was filed against the present appellant and co-accused Mangal Singh. On that charge sheet, S.T.No.288/1996 was registered. Learned First A.S.J. Barwani framed charge for the offence punishable under Section 489-B, 489-C of IPC against the appellant and for the offence punishable under Section 489-B against the co-accused Mangal Singh and tried them. However after trial learned trial court acquitted the co-accused Mangal Singh but found appellant guilty for the offence punishable under Section 489-B, 489-C of IPC and sentenced him as aforesaid. Being aggrieved, the present appeal has been filed.
Although, apart from the quantum of sentence appellant in this appeal also challenged the legality of the conviction but during course of the arguments learned counsel for the appellant submitted that he does not want to press the appeal on the finding of conviction. Otherwise also from the evidence produced by the prosecution finding of conviction of trial Court under Section 489-B and 489-C of IPC appears to be correct. So finding of conviction of trial Court is confirmed.
But learned trial court punished appellant on both counts. The offence punishable under Section 389-B IPC is a major offence and offence punishable under Section 389-C IPC is a minor offence. When a person is convicted and sentenced under Section 389-B IPC his conviction under Section 389-C IPC has been held to be not warranted in law. A person cannot be punished twice for the same offence. According to section 71 of Indian Penal Code after convicting the appellant the learned trial Judge should have punished the appellant only for one offence i.e. major offence. In a similar case A Division Bench of Allahabad High Court, in CRIMINAL APPEAL No. - 261 of 2014 Ashfaque vs State Of U.P judgment dated 23 February, 2016 has observed in judgment that if a person has been convicted under Section 489-B IPC, his conviction under Section 489-C IPC becomes redundant.
Accordingly, the appeal is partly allowed. The conviction of the appellant under Section 489-B & 489-C IPC is affirmed and the sentence awarded under Section 489-C is set aside.
On the point of sentence learned counsel for the appellant submitted that appellant/accused is 50 years old and facing trial Cr.A.No.100/2000 since 1994. He is first offender and remained in Jail for about five months during trial of the case and no incident of bad behaviour or uncooperative attitude was reported against the appellant. So he be released on sentence already undergone.
Certainly the pre and past incidents, conduct of the appellant, cannot be lost sight and can be taken as mitigating circumstances. Appellant is facing trial since 1994.Learned trial court himself in his judgment observed that appellant is not the maker of said fake currency note of Rs.100/-. He also informed to the Police that an unknown person from Uttar Pradesh gave him said notes. So looking to the fact and circumstances of the case, the substantive sentence of appellant awarded by the trial court under Section 489- B IPC are altered from two years RI to the imprisonment of period already undergone. To the aforesaid extent the impugned judgment and orders of the trial Court dated 31.12.1999 passed in Sessions Trial No. 288/1996 is modified.
Accordingly this appeal is partly allowed in the terms indicated above.
A copy of this order be sent to the Court of 1st Addl.Sessions Judge, Barwani for information and necessary compliance.
C.c.as per rules.
(Rajeev Kumar Dubey) Judge Patil