State of Himachal Pradesh vs Ranbir Singh

R.B. Misra, J.—The present criminal appeal has come up for consideration after leave to appeal has been granted u/s 378 (3) of the Code of Criminal Procedure, against the judgment dated 28.05.2004 passed by the learned Additional Sessions Judge, Solan in Sessions trial No. 8-NL/7 of 2002 acquitting the accused/respondent for offences under Sections 489A, 489B, 489C, 489D and 420 of the Indian Penal Code (in short called IPC) in reference to FIR No. 66/97 dated 28.4.1997. The prosecution case, in brief, is that on 28.4.1997 accused/respondent while present in the Barber shop near Dharamshala, Nalagarh was apprehended in reference to a secret information that the accused/respondent was involved in cheating and trade of multiplying the currency notes to five times. On search of the accused/respondent, the police recovered 48 currency notes bearing different numbers including four notes bearing the same serial numbers 7B4-556188, three currency notes of Rs. 10/-, one note of Rs. 5/-, three notes worth Rs. 2/-, one note of Rs. 1/-, coins of Rs. 15/-, one key with maruti engraving. Many other articles were also allegedly recovered from the accused during the course of the investigation. After completion of investigation, the accused was charged for the aforesaid offences.

In order to prove its case, the prosecution has examined as many as 8 witnesses, whereas in his statement u/s 313 Cr.P.C., the accused/respondent denied the prosecution case.

Yash Pal (PW1) stated that in his presence 40 notes of 100 denomination each were recovered from the shirt of the accused and on further search of the car, one attachi carrying currency notes of Rs. 49,500/- was recovered. In addition to the aforesaid recovered articles, two brushes, two packets of colours and small wrappers containing some chemical were also recovered. PW1 has stated in cross-examination that on the invitation of the police he became the witness, however, he was not aware about the number of notes. PW1 has further stated in cross examination that signatures on recovery memos were made at the police station and not on the spot.

Manish Aggarwal (PW2) stated that at the relevant time he was running a restaurant when accused came to his restaurant 3-4 times and stayed there. PW2 has further stated that the accused was saying that he was dealing in the business of electrical goods of Nahan area and he could also deliver him dealership of electrical articles and for that purpose he has to invest a sum of Rs. 50,000/-. Accordingly, PW2 has paid a sum ofRs.16,000/- to the accused in the denomination of Rs. 100/- each. PW2 has further stated that after receiving the money accused/respondent neither visited his restaurant nor dealership was given to him. PW2 has further stated that accused/respondent came to his restaurant with a maruti car. PW2 also stated that when the police came for interrogation he produced one suit case which was left by the accused/respondent in his hotel. PW2 has further reiterated in cross-examination that accused had received Rs. 16000/- from him for providing dealership to him. Testimony of PW2 does not co-relate or strengthen the prosecution case so far as the involvement of the accused/respondent for the offence u/s 489A is concerned.

Constable Bhag Mal (PW3) delivered the sealed parcels to Dr. S.K. Joshi, Manager of the press on 6.6.1997. Head Constable Ranjit Singh (PW4) with whom sealed parcel containing currency notes of Rs. 4000/- were deposited by SHO Rikhi Ram and accordingly he sent the sealed parcels through constable Bagh Chand for testing in Madhya Pradesh. Prem Lal (PW5) is a formal witness. Atish Rajev (PW6) has stated that on 28.4.1997 one person made a local call from his STD shop and offered a currency notes of Rs. 100/- to him, which were having the same numbers but he could not understand as to how these 4-5 currency notes of Rs. 100/- were having the same serial number. PW6 has further stated that accused bargained with him to earn a lot of money if he is ready to work with him. PW6 in cross-examination could not identify that the person was accused/respondent, as such testimony of PW6 is of no help to the prosecution.

Shri Rikhi Ram Sharma (PW7), posted as Station House Officer at Police Station Nalagarh stated that on receipt of secret information in the police station FIR Ex.PA was registered and thereafter he in the company of H.C. Kirpa Ram and C. Babu Ram visited the spot of Singar Hair Dresser at Nalagarh where the accused was sitting. On conducting the search of the accused in presence of witnesses currency notes of Rs. 100/- denomination (40 in number) and three notes of 10/- denomination, one note of five rupees, three notes of 2 rupees denomination and one note of one rupee and coin amounting to Rs. 15/- and one key of maruti was recovered from the accused. In addition to these, other articles were also said to be recovered from the possession of the accused/respondent.

Dr. S.K. Joshi (PW8) while posted as Technical Officer, Bank Note Press Ministry of Finance Dewas, Madhya Pradesh at the relevant time has stated that he had experience of examining the currency notes in approximately 2000 cases and in this case constable Bhag Mal on 6.6.1997 deposited with him 40 currency notes of denomination of Rs. 100/- each which were brought in a sealed parcel. On examination, it was found that all the currency notes were genuine but the numerical one and three of numbers on the notes marked as Q1 and Q3 which were subsequently (Q1 is Ex.P1 to Ex.P14) and Q3 is Ex.P15 to Ex. P24) had been changed to four and eight by extrapolation in red ink/paint. There was overwriting in these numerical to achieve the pictorial similarity. PW8 accordingly issued expert opinion Ex.PW8/A.

On analysis of the prosecution evidences and materials on record, it appears that accused was never seen in the exclusive possession of the car from which the alleged articles were recovered. So much so, colour, brushes and chemicals were also not recovered from the exclusive possession of the accused/respondent. The notes which were sent for expert opinion were said to be genuine in view of the expert opinion given by Dr. S.K. Joshi (PW8), Technical Officer. Other prosecution witnesses have also not been able to prove that the accused/respondent had allured them for multiplying of currency notes and on the assurance of the accused/respondent any one of the prosecution witnesses or from the public was misled and misrepresented and was put into fraud. Inter alia out of analysis made by learned Additional Sessions Judge, Solan in reference to the prosecution witnesses and materials on record, the important aspect which is pertinent to be noted is that the currency notes which are alleged to have been recovered from the possession of the accused/respondents in the name of fake currency were said to be genuine. In these circumstances, accused/respondent cannot be held guilty for the offences u/s 489 (A), 489 (B), 489 (C), 489 (D) and 420 of the IPC. So far as the allegation of PW2 that he had given Rs. 16000/- to get the dealership of electrical goods can also not be related to the said offence. In these facts and circumstances of the case, we are of the considered view that the learned Additional Sessions Judge had rightly arrived at the finding that the prosecution has not been able to prove its case beyond reasonable doubt. In our considered view also the prosecution has failed to bring home the guilt to the accused. Accordingly criminal appeal being devoid of merit is dismissed. Bail bond furnished by the respondent/accused is discharged.