Ram Balaf @ Ram Balak Chauhan Vs. State of Punjab - Court Judgment

Crl.Appeal not S-2887-SB of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.50634 of 2012 and Crl.Appeal not S-2887-SB of 2010 (O&M) Date of Decision :

26. 11.2012 Ram Balaf @ Ram Balak Chauhan ...Appellant versus State of Punjab ...Respondent CORAM : HON'BLE Mr.JUSTICE K.C.PURI Present : Mr.G.S.Verma, Advocate for the appellant.

Mr.Sandeep Chhabra, DAG Punjab.K.C.

PURI, J.

(ORAL) CRM No.50634 of 2012 This is an application for suspension of sentence.

Learned counsel for the applicant-appellant has submitted that he does not press the application for suspension of sentence, however, arguments in the main appeal be heard.

Therefore, the main appeal is being taken up today.

Crl.Appeal not S-2887-SB of 2010 Challenge in this appeal is the judgment and order dated 30.10.2010 passed by Sh.Nirbhow Singh Gill, Addl.Sessions Judge, Shaheed Bhagat Singh Nagar vide which the accused-appellant has been convicted under Section 489-C IPC and sentenced him to undergo rigorous imprisonment for a period of 7 years and to pay a fine of ` 50,000/- or in default of Crl.Appeal not S-2887-SB of 2010 -2- payment of fine to further undergo rigorous imprisonment for one year.

Briefly stated that Satnam Singh, Kuldeep Singh, Mohd.Aslam and present appellant were sent to face trial for offence under Sections 489-A, 489-B, 489-C of IPC by SHO P.S.City, Nawan Shahar.

The prosecution story in brief is that on 25.7.2009 SHO along with police party were on Government vehicle not PB 32-F-6706 driven by HC Baljinder Singh.

When the police party reached near Ambedkar Chowk Nawan Shahar in connection with patrolling, a secret information was received that Satnam Singh son of Ajit Ram resident of Sadhowal is going on motor cycle not PB32-7330 and has received fake currency note from Kuldeep Singh @ Banti and is standing at uninhabited place on Mehendipur-Gujjarpur Road in search of customeRs.In case a raid is conducted, fake currency notes can be recovered and thereafter, FIR was registered against accused Satnam Singh and Kuldeep Singh under Sections 489-A, 489-C IPC on the basis of ruqa.

Jaspal Singh independent witness was joined and when the police party reached towards Gujjarpur then one person was seen standing near motor cycle.

He tried to run away on seeing the police party and he was apprehended.

He disclosed his name as Satnam Singh and from the search of his trouser from right pocket, Rs.60,000/- of denomination of Rs.500/- of fake currency notes were recovered.

The said fake currency was sealed in a parcel and recovery memo was prepared, site plan was prepared.

Crl.Appeal not S-2887-SB of 2010 -3- Satnam Singh disclosed that he has taken this amount from Kuldeep Singh and thereafter, Kuldeep Singh was arrested on 31.7.2009 and from Kuldeep Singh 19 fake currency notes of denomination of Rs.500/- were recovered.

The same was taken into possession vide different recovery memos.

Site plan was prepared.

Kuldeep Singh made disclosure statement that he has taken these currency notes from Mohd.

Aslam resident of Galiar, Police Station Amb District Una and Ram Balaf Chauhan son of Amar Chauhan resident of Nepal.

These two persons brought fake currency notes from Nepal and then sold it.

They also promised to bring more fake currency notes on 3.8.2009.

That confessional statement was reduced into writing.

On 3.8.2009, SHO alongwith Kuldeep Singh went to conduct raid as per the confessional statement and when they were on link road of Gujjarpur then two persons were seen coming on foot and one person had one bag in his hand and the other person following him had a black bag in his hand.

Kuldeep Singh identified them and told that the person coming is Mohd.

Aslam and the person following is Ram Balaf.

Both of them were apprehended, who disclosed their names as Aslam Mohd.

and Ram Balaf Chauhan.

From the bag carried out by Mohd.

Aslam, two hundred fake currency notes of denomination of Rs.500/- were recovered amounting to Rs.One lac.

The same were sealed and site plan was prepared.

From Ram Balaf, 626 fake currency notes of denomination of Rs.500/- and 83 notes of denomination of Rs.1000/- were recovered.

In this manner, total Rs.3,96,000/- fake currency notes were recovered Crl.Appeal not S-2887-SB of 2010 -4- from him.

Challan was presented after investigation.

Copies of documents were supplied to all the accused.

Charge under Sections 489-A, 489-B and 489-C IPC was framed against all the accused to which they have pleaded not guilty and claimed trial.

The prosecution in order to bring home guilt, examined PW1 MHC Avtar Singh, PW2 SI Raj Kumar, PW3 Inspector Jagmit Singh, PW4 HC Balwinder Singh, PW5 Manjit Lal, PW6 HC Kewal Krishan, PW7 ASI Gurinder Singh, PW8 Jai Ram Clerk and PW9 Constable Satnam Singh and prosecution closed the evidence.

After closing the evidence of prosecution, all the accused including the present appellant were examined under Section 313 Cr.P.C.and all the incriminating evidence was put to them to which they denied and pleaded false implication.

In defence, Satnam Singh examined one DW to state that he was arrested on 25.7.2010.

Learned trial Court after appraisal of the evidence, found all the accused including appellant guilty under Section 489-C IPC but acquitted them under Sections 489-A and 489-B IPC.

The appellant was sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.50,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year whereas Satnam Singh, Kuldeep Singh and Mohd.

Aslam were also sentenced to undergo imprisonment and fine for different period.

Crl.Appeal not S-2887-SB of 2010 -5- Feeling dissatisfied with the judgment and order dated 30.10.2010, the accused-appellant Ram Balaf Chauhan @ Ram Balak Chauhan has preferred the present appeal.

The case was fixed for today for consideration of application for suspension of sentence, however, counsel for both the parties have stated at the bar that they are ready with the arguments.

Counsel for the appellant has not challenged the conviction recorded by the trial Court but has submitted that the appellant has already undergone incarnation for a period of 4 yeaRs.8 months and 7 days out of the substantive sentence of seven years including remissions.

Although counsel for the appellant has not challenged the conviction but since this is the fiRs.appeal and as such, I have gone through the file.

The recovery of fake currency notes valuing Rs.3,96,000/- stand proved from the testimony of the official witnesses.

So the conviction of the appellant under Section 489-C IPC stands affirmed.

He has further submitted that the petitioner is aged person.

The maximum punishment under Section 489-C IPC is seven years and the maximum sentence has been awarded to him.

Other accused Kuldeep Singh has been awarded sentence of rigorous imprisonment for two years and Satnam Singh is sentenced to undergo rigorous imprisonment for 4 years and Mohd.

Aslam has been sentenced to undergo rigorous imprisonment for 5 years besides fine.

He has further contended that the accused-appellant is facing trial for the last about 3-1/2 Crl.Appeal not S-2887-SB of 2010 -6- yeaRs.prayer has been made for reduction in sentence.

As per the prosecution story different amount of fake currency have been recovered from Kuldeep Singh, Satnam Singh and Mohd.

Aslam as detailed above and they have undergone sentence of 2 yeaRs.4 years and 5 years respectively as detailed above.

The appellant Ram Balaf Chauhan has been sentenced to undergo rigorous imprisonment for 7 years as the currency note recovered from him were Rs.3,96,000/-.

The appellant has mentioned his age as 63 yeaRs.As per the custody certificate the appellant is in custody since 3.8.2009 and has undergone incarnation for a period of 4 yeaRs.8 months and 7 days as on 15.11.2011 out of the substantive sentence of 7 years including remission of one year, 4 months and 25 days.

The maximum sentence under Section 489-C IPC is 7 yeaRs.The appellant has been acquitted under Sections 489-A and 489-B IPC, so, considering from whole of the circumstances, the ends of justice would be met in case the sentence of imprisonment is reduced to the period already undergone and I ordered accordingly.

However, the sentence of fine stands affirmed.

With the modifications in the sentence, the appeal stands disposed of.

A copy of this judgment be sent to the trial court for strict compliance.

26.11.2012 (K.C.PURI) Meenu JUDGE