quicitation>Ritu Raj Awasthi#Rekha Dikshit#20UP1000Judgment/OrderMANURitu Raj Awasthi,ALLAHABAD2018-10-3016824,16360,16359,16759,16263 -->


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Criminal Appeal No. 259 of 2010

Decided On: 24.10.2018

Appellants: Inamul Haque and Ors. Vs. Respondent: State of U.P.

Hon'ble Judges/Coram:
Ritu Raj Awasthi and Rekha Dikshit


Ritu Raj Awasthi, J.

1. Heard Mr. Amit Srivastava, learned counsel for the appellants as well as Ms. Ruhi Siddiqui, learned Additional Government Advocate appearing on behalf of the State-respondent and perused the relevant records.

2. The instant criminal appeal under Section 374 (2) Cr.P.C. has been preferred by the appellants, namely, Inamul Haque and Israil, challenging the judgment of conviction and punishment dated 15.12.2009, passed by learned Additional Sessions Judge/FTC 1st, Faizabad, in Sessions Trial No. 598 of 2009; State v. Inamul Haque and another, relating to case Crime No. 31 of 2009, under Sections 489-B and 489-C IPC, Police Station G.R.P., District Faizabad, whereby the appellants have been convicted for the offence under Section 489-B IPC and sentenced with rigorous imprisonment for life and also with fine of Rs. 25,000/- each with default stipulation of two years additional imprisonment each and for the offence under Section 489-C IPC they were sentenced with rigorous imprisonment of seven years and also with fine of Rs. 25,000/- each.

3. The genesis of the prosecution case, in brief, is that on 12.04.2009 at about 11.30 a.m. at railway station Faizabad Abhimanyu Dhar Dwivedi, Station Officer, GRP, Faizabad on receiving information from an informer carried out search along with Sub Inspector Kr. Rakesh Roshan and nabbed the accused appellants Inamul Haque and Israil and recovered fake currency notes from their possession. On the basis of recovery memo chick FIR was scribed and Case Crime No. 31 of 2009, under Section 489-B and 489-C IPC was registered and requisite entry was made in the report of general diary. Both the accused appellants belong to Police Station Kalia Chak, West Bengal. They confessed that they had counterfeit currency notes which they were carrying with them. They were travelling from Sialdah Express train and had got down at Faizabad railway station. They had come to know that ticket checking was being done ahead of Faizabad. They were in look out to use these fake currency notes. On physical search of the accused-appellants from the right pocket of the trouser worn by appellant-Inamul Haque one packet having 147 notes of currency of Rs. 1,000/- and from the right pocket of trouser worn by the appellant Israil one packet having 96 notes of Rs. 500/- denomination were recovered. The details of these currency notes were noted down, as such, from the accused-appellant Inamul Haque fake currency notes of Rs. 1,43,000/- and from co-accused Israil fake currency notes of Rs. 49,000/- were recovered. The accused-appellants informed that they have brought these fake currency notes from Indo-Bangladesh border and wanted to use these fake currency notes for their financial gains. The recovery memo of the fake currency notes was prepared. Several persons were present at the railway station and had seen the recovery of the fake ........