High Court
Case Details
e IN THE HI6H COURT OF JUDICATUgE OF CHHATriSGAKH AT BILASPUR Criminal Appeal No. .&%.... /2011 (In Jail) Cf c^ PSi^---:^"^.W^-^ ^nte^ g»ted......--y-r7 sh"|:c[^.!^—' Id D&dsesa §/ol^abhuli Dadsena, aged about 28 years, R/o Baradoli, Station Police Basna, District Mahasamund (C.G.) VERSUS RESPONDENT State of Chhattisgarh Through : Station House OfBcer, Peliee gtatloa; District Mahasamund (C.G.) CRIMINAL APPEAL UNDER SECTION 374(2) OFTHE CODE CRIMINAL PROCEDURE 1973 \ A.. HJGH COURT OF CHHATTISGA8H. BILASPUR SB;
Legal Reasoning
HON'BLE SHRI RADHE SHYAM SHARMA. J. APPELLANTS Criminal Appeal No. 844/2011 1 2 Rohidas Slo 'lfeatram, ^ed about 22 years, R/o Bade Kunjari, PS Jharband (Qrissa) Bhojram Patel S/o Raviial Patel, aged 28 years, R/o Navgodi, PS Basna, District Mahasamund (CG) Versus RESPONDENT Stets of Chhattisgarh And Criminal Appeal No. 656/2011 APPELLANT S/o Dadsena Radhdal Prsbhuial Dadsena, aged about 28 yeare, R/o Baradoli, Police Station Basna, District Mahasai'nund(G©) ^ RESPOMBENf Sfate of Chhattisgarh ^fefSUS CRIMINAL APPEALS UNDER SECTiON 374(2} OF CRIMINAL PSOCEDURE CODE Mr. Sunil Sahu, <»unselfor the aff>ellants in Cr.A.No.644/11. Mr. Pushkar Sinha, counse! for the appellant in Cr.A.No.656/11 Mr. Aditya Sharma, Panel Lawyer of the State/respondent. ORAL JUDGMENT (Deliveredon12mApril,2013) Since both the appeals arise out of a commwi judgment, they are
Decision
disposed of by tfiis common judgment. 2. These appeats are directed against the judgment dated 18-W-2011 passed by Second Additionaf Sessions Judge, Mahasamund in Sessions Trial No. 07 of 2011. By ihe impugned judgment, the leamed Additiona! ^c- Sessions Judge convicted appeilants Rqbidas, Bhojram Patel and Radhelsl Dadsena urxler Secfon 489C of the IrKliac! Penal Code and sentenced to undecgo R.l. for 4 years and-teilflay'fine'of Rs.1000/-, in • defauttofpaymentoffine,to1urtherundergoR.I. for4 months. 3. Case of the prosecution in brief is as under:- On 30-10-2010, Assistant Sub-lnspector Vinod Sharma (PW-6) received secret infomiation that appeilant Rohidas was possessing counterfeit currency notes and coming from Orissa on a motorcycle. After receiving the information, he proceeded for searching Rohidas. When, on the way, he met with appellant Rohidas, he stopped him and interrogated him. On interTogation aff>ellant Rohidas admitted that he was possessing •-"" eounterfeit cu.crency notes. He searched appellant Rohidas and recovered nos. of counterfeit currency nofes in the denominationof Rs-100/- each frorashim vide seizure memo EX.-P/7. On the basis of disdosure statement of Rohklas, the house of appellant Bhojram Patel was also searched and 10 nos. of munterfsit currency notes in the denominatkm of Rs.1 (W/- each were seized from appellant Bhojram Patel vide seizure memo Ex.-P/S and 3 nos. of counterfeit currency notes in the denomination of Rs.100/- each were seized from appeliant Radhelal Dadsena vide seizure memo Ex.- P/1@. Amotorcyde bearing registration No. CG 06 K 3554 was also seized from appellant Rohidas vide seizure memo EX.-P/7. An Aito Car bearing regisfration No. CG 04 H 4339 and a Nokia mobile were also seized from appellant Bhojram Patel vkie seszure memo EX.-P/8. Firat Infonnation Report (FIR) (EX.-P/9) was registered in Police Station Basna against the i.\ appellants. The seized currency notes were sent to Government Examinef, Currency Note Press, Nashik Road, Maharashtra for examination and a rqmrt was received there^OFn?'tn ihe report, it is mentioned ftat the seized currency notes are counterfeit notes. After completion ofthe invesugation, charge sheet was filed against the appellante in tiie CourtDf Judidd Magisfrate First Class, Saraipali, who, in tum, mmmitted the case to the Court of Session, Mahasamund, from where it was received on transfer by Second Additbnal Sessions Judge, Mahasamund, who conducted the trial and convicted and sentenced the appeilants as mentionai above. 4. - Mr.Sunil Sahu and Mr.Pushfcar Sinha, leamed counsel appearing for ttie aB^Mnte submit that they are not pressing the appeats on merits and they would confine their arguments to the senience part of the impugned judgment. They further submit that appdlants Rohklas and Bhojfam Patel are in jail since 31-10-2010 and appellant Radhelal Dadsena is in jail since 01-11-2010. The appellants have been sentenced to undergo R.t. for 4 years and they have already undergone near about 2Vs years of jaii sentence, thus they teve already undergone more than half of the jail sentence awarded to tlrem, therefore, ends ofjustice would be met,if the jail sentence awarded to the appellants are restricted to ttie period aiready undergone by them. 5. Mr. Aditya Sharma, learned Panel Lawyer appearirq on behalf of the State supported the impugned judgment and cwosed the above argumait. 6. Vinod Shanma, Assistant Sub-lnspector (PW-6) deposed that he ^ was posted as Assistant Sub-lnspector in District Crime Squad, Mahasamund. On 30-10-2010, he reached Police Stetiorr Basna albng with other [»licepersonnel. He further deposeciABaHie received a secret infomiation tfiat appellant Rohidas was possessing cou'nterfeit currency notes with an intention to use the same as genuine and he was coming from Orissa. He left the police station and proceeded towards appellant Rohidas. On the way, appellant Rohidas met with him. He stopped appellant Rohidas and interrogated him. On interrogation, he disdosed his identity and admitted that he was possessing counterfeit cunrency notes. He furtfier deposed ttiat he had searchei the pocket of appellant Rdiidas and recovered 10 nos. of counterfeit currency notes in the denomination of Rs:11CX)ir- sach arri seizure memo Ex.-P./7 was prepared. On die basis of disdosure stetement of appeltant Rohidas, house of appellant Bhojram Patel was searehed and 10 nos. of counterfeit currency notes in the denomination of Rs.100/- each were seized vide seizure memo B(,-P/8 and 3 nos. of counterfeit currency notes in .the denomination of Rs.1(X)/- each were seized from appellant Radheial Dadsena vide seizure memo EX.-P/16. Shankarial Nawatan (PW-7) and Sohantat (PW-8) have corroborated the evidence of Vinod Sharma, Assistant Sub-lnspector (PW-6). 7. After going ttirough the evidence on record, 1 am of fee view that so far as the conviction awarded to the appellants is concemed, there is no infirmity in the judgment passed by the Secorri. Additional Sessions Judge, Mahasamund, therefore, 1 am not indined to interfere with the same. ^"x D 8. So far as the sentence part is concemed, ttie inddent took place on 30-10-2010. Jhe appellants are sentenced to undergo R.I. for 4 years and they have already undergone near about 21/s years. C(msidering tfie facts and circumstances of fhe case, 1 am of the view that ends ofjustice wouid be met if, while upholding the conviction of the appellants under Section 489C IPC, tfie jait sentence awarded to them is restricted to the period aireody undergone by them besides enhanang ttie amount offine. 9. In the result, ttie appeals are partly allowed. The conviction of tfie appellants under Section 48QC IPC is upheld, however, the jail sentencs awarded to tfiem is reduced to the period already undergone by them. So fsr Ss sentence of fine is ccaicemed, the amount of fine is enhanced from Rs.1,00&<e 4o-Rs.5,CN30/- for each of the appellants. The appellants are .^ granted 3 months' time to deposit the above amount of fine, failing whidi, they shatl be liable to undergo R.I. for 4 months. If any amount has aiready been deposited towards fine, the same shalt be adjusted in ths amount of fine enhanced by this Court today. Sd/- Radhe Shyam Sharma Judge