Gulshan vs St Of Hry
- Court
- Punjab and Haryana High Court
1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
105 CRA-S-1403-SB-2005 (O&M)
Date of decision : 31.10.2026
Ram Kishan
..... Appellant
VERSUS
State of Haryana
..... Respondent
105-II CRA-S-1597-SB-2005 (O&M)
Om Parkash & Ors.
..... Appellants
VERSUS
State of Haryana
..... Respondent
105-III CRA-S-1752-SB-2005 (O&M)
Gulshan
..... Appellant
VERSUS
State of Haryana
..... Respondent
CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH
Present : Mr. P.S. Ahluwalia, Sr. Advocate with
Mr. T.S. Khaira, Dr. Isha Mehta and
Mr. Anish Kansal, Advocates
for the appellant in CRA-S-1403-SB-2005.
Ms. Ruhani Duhan, Advocate
for the appellants No.1 & 2 and
Amicus Curiae for appellant No.4 in CRA-S-1597-SB-2005.
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Appeal (CRA-S-1597-SB-2005) qua appellant No.3
already stands abated.
Mr. Bhanu Bains, Advocate for
Mr. Parminder Singh, Advocate
for the appellant in CRA-S-1752-SB-2005.
Mr. Ramender Singh Chauhan, AAG Haryana.
*
SURYA PARTAP SINGH, J.
All the appeals, detailed hereinbefore, have been filed by the
appellants against the same judgment of conviction, i.e. the judgment dated
16.08.2005, and the same order of sentence dated 17.08.2005, passed by the
Court of learned Additional Sessions Judge Karnal, hereinafter being
referred to as ‘trial Court’ only.
2. Briefly stating the facts emerging from record are that one FIR,
i.e. FIR No.17 dated 09.01.2002, was lodged at the instance of ‘ SI Vijay
Kumar’. The abovesaid FIR was lodged for the commission of offence
punishable under Sections 489-A, 489-B, 489-C of Indian Penal Code,
Police Station City Karnal. In the wake of abovementioned FIR, the
investigation was taken up by the police, and as an outcome of abovesaid
investigation, the appellants were sent to face trial before the learned trial
Court.
3. The appellants participated in the abovementioned trial. By
virtue of judgment dated 16.08.2005, hereinafter being referred to as
‘impugned judgment’, the abovesaid trial culminated into conviction of the
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appellants. Thus, vide order dated 17.08.2005, on the point of quantum of
sentence, hereinafter being referred to as ‘impugned order’, following
sentences were awarded to the appellants:-
Offence under
Sentence
Section
489-C of IPC
Rigorous imprisonment for a period of five years each
and to pay a fine of Rs.5000/- each. In default thereof to
further undergo simple imprisonment for a period of
two months each.
4. In nut-shell, the facts emerging from record are that the FIR of
this case came into being at the instance of ‘SI Vijay Kumar’, who had
reported that on 08.01.2002, when he was leading a team of police officials,
deputed for patrolling duty at Novelty Road, Karnal, a tip-off was received
from a reliable source that ‘Paramjit @Bunty’, ‘Gulshan’, ‘Om Parkash’ and
‘Krishan Lal’ (the appellants herein) were present at the Vegetable Market,
Karnal, and that they were having counterfeit currency notes of ₹50 and
₹100 denominations in their possession, which they intended to use as
genuine one. It was further informed to the above-named police officer, that
if a raid would be conducted, a substantial quantity of counterfeit currency
notes could be recovered from their possession.
5. The above-named police officer reported that relying upon the
aforesaid information, he constituted a raiding party, associated ‘Pritam Lal’
as an independent witness and proceeded towards the Vegetable Market,
Karnal, where all the above-named four appellants were apprehended. As
per above-named police officer, when search of above-named four persons
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(appellants) was conducted, counterfeit currency notes worth ₹10,000 were
recovered from the possession of ‘Om Parkash’, ₹10,000 from ‘Gulshan’,
₹20,000 from ‘Paramjit @Bunty’ and ₹8,000 from ‘Krishan Lal’.
6. It was a case of the prosecution that on the basis of
abovementioned information, formal FIR of this case was lodged and the
investigation taken up. According to prosecution, during the course of
investigation, on 10.01.2002 disclosure statements of ‘Om Parkash’,
‘Krishan’ and ‘Gulshan’ were recorded. As per prosecution case, nothing
was recovered. The prosecution further alleged that subsequently the above-
named persons made separate disclosure statements with regard to
concealment of fake currency notes at their respective residences, and in
pursuance thereof, fake currency notes worth ₹7,500/-, ₹6,500/- and ₹7,000/-
were recovered at the instance of ‘Om Parkash’, ‘Gulshan’ and ‘Krishan’,
respectively.
7. It was the further case of the prosecution that on the basis of
disclosure statement of ‘Krishan’, ‘Ram Kishan’ was apprehended, and fake
currency notes worth ₹3,000/- were recovered from his possession, followed
by recovery of fake currency notes worth ₹5,000/- pursuant to his disclosure
statement. Similarly, on the basis of disclosure statement of ‘Om Parkash’,
‘Kasim’ was apprehended, and fake currency notes worth ₹1,450/- were
recovered from his possession. Further, pursuant to the subsequent
disclosure statement of ‘Om Parkash’, fake currency notes worth ₹1,000/-
were also recovered. As per prosecution, during the course of investigation,
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the Investigating Officer inspected the spot, prepared rough site plan of the
place of occurrence, recorded the statement of witnesses under Section 161
CrPC, and completed other formalities of investigation. Thereafter, the final
report under Section 173 CrPC was filed in the Court.
8. Heard.
9. It has been contended on behalf of appellants that the impugned
judgment of conviction and order of sentence, passed by the learned trial
Court were perverse and unsustainable. According to learned counsel for the
appellants, merely on the basis of assumptions and presumptions, the
unreliable and self-contradictory evidence adduced by the prosecution was
believed by the learned trial Court. As per learned counsel for the appellants ,
the learned trial Court failed to apply judicial mind to the facts of the case,
and merely, on the basis of conjectures and surmises, the finding of
conviction of appellants, for the commission of offence under Sections 489-
C of IPC, was recorded.
10. It has been further contended on behalf of appellants that the
learned trial Court ignored this cardinal principle of criminal jurisprudence
that the prosecution had to prove its case beyond the shadow of all
reasonable doubts. According to learned counsel for the appellants, the
evidence adduced by the prosecution was grossly inadequate to draw an
inference that all the essential ingredients, meant for the commission of
offence, for which the appellants were convicted, had been proved. In view
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of above, the learned counsel for the appellants have contended that the case
against the appellants was not proved by the prosecution, but erroneously the
learned trial Court returned the finding of conviction.
11. The learned counsel for the appellants have addressed
arguments qua two different aspects. The first one is with regard to merit of
the case and another one for reduction in sentence. On merit, it has been
contended by learned counsel for the appellants that an error of judgment
was committed by the learned trial Court when it failed to appreciate the fact
that there was no evidence to show that the fake currency notes were
actually recovered from the possession of appellants. As per learned counsel
for the appellants, no public witness was joined at the time of alleged
recovery, despite the fact that the Investigating Officer was having prior
information.
12. The learned counsel for the appellants have further contended
that in order to prove the currency notes to be fake one, two courses were
available to the prosecuting agency; the first one was to prove the
abovementioned fact with the help of report of ‘Forensic Science
Laboratory’ and the second one was to produce the fake currency notes
carrying same serial number in the Court. As per learned counsel for the
appellants, neither the currency notes were produced before the Court in the
manner prescribed under the law nor the FSL report was tendered, proved or
exhibited as required under the law. It has also been contended by learned
counsel for the appellants that even in the statement of accused under
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Section 313 CrPC, such currency notes were not referred to the appellants
and there was no question qua abovementioned aspect.
13. The learned counsel for the appellants have further contended
that in the present case, although a part of case property was produced in the
Court, but it was in such a hap-hazard manner that the case property
produced in the Court could not be connected with any of the appellant.
With regard to above, the learned counsel for the appellants have contended
that as per PW-1 and PW-2, there were 11 envelopes containing fake
currency notes recovered from the possession of appellants, but out of those
11 envelopes, only six were produced before the Court and five were
withheld. As per learned counsel for the appellants, when the envelopes
were produced before the Court during the course of examination of
prosecution witnesses, i.e. PW-7 & PW-9, the quantity of currency notes
found in the envelopes was different from the quantity of currency notes,
allegedly recovered during the course of investigation. In view of above, the
learned counsel for the appellants have contended that the prosecution had
failed to prove which currency note was found in possession of which
appellant and thus, qua this core issue, an extremely serious lapse was
committed by the prosecution.
14. It has also been contended by learned counsel for the appellants
that otherwise also, there was no evidence to show that the abovementioned
currency notes were meant for circulation, and that as per evidence adduced
by the prosecution, the currency notes allegedly found in the possession of
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appellants were printed using a dot-matrix printer, which as per
observation of learned trial Court, were of very poor quality and apparently
fake, if seen by naked eyes. As per learned counsel for the appellants, in
such circumstances when there was no effort on the part of appellants to
circulate the fake currency notes and the currency notes were merely an
imitation of original one, instead of Section 489-C the prosecution could
have been under Section 489-E IPC only.
15. With regard to quantum of sentence, while referring to the
principles of law propounded by the Hon’ble Supreme Court of India in the
case of ‘Mohammad Asif & Ors. V/s State of Karnataka’ Criminal Appeal
No.2618/2014, and by this Court in the cases of ‘Jaswant Singh @Jassa V/s
State of Punjab’ CRA-S-2379-SB-2011, ‘Jagbir Singh & Anr. V/s State of
Haryana’ CRA-S-2305-SB-2004 and ‘Surinder V/s State of Haryana’ CRA-
S-572-SB-2005, it has been contended by learned counsel for the appellants
that the appellants have never been prosecuted either before the present FIR
or thereafter. As per learned counsel for the appellants, in the last more than
24 years, when the present FIR was lodged, the appellants have never
indulged in any criminal activity of any kind. According to learned counsel
for the appellants, the appellants are facing the agony of litigation for the last
more than 24 years and have, in fact, already suffered more punishment than
they deserved.
16. In addition to above, the learned counsel for the appellants have
also argued that in the present case, the appellant ‘Ram Kishan’ has already
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undergone imprisonment for a period of three months, the appellants ‘Om
Parkash’, ‘Paramjeet’, ‘Kasim’ for three months & six days, and the
appellant ‘Gulshan’ for three months & seven days. According to learned
counsel for the appellants, in view of above-discussed factors, and the fact
that minimum sentence has not been prescribed for the offence, for which
the appellants have been convicted, the sentence already undergone by the
appellants may be treated to be sufficient.
17. Per contra , the learned counsel for the respondent/State has
argued that the appellants were found guilty for the commission of offence
punishable under Section 489-C of IPC. According to learned counsel for
the respondent/State, the sentence awarded to the appellants, i.e.
imprisonment for a period of five years, is already on lower side, and that
the appellants are not entitled to a sentence, awarded to them. As per learned
counsel for the respondent/State, the instant appeals have no merits and
deserve dismissal.
18. The record has been perused carefully.
19. Although it is categorical stand of the appellants that they are
not challenging the judgment of conviction, passed by the learned trial
Court, yet, with a purpose to evaluate evidence, the record has been perused
carefully. A perusal of trial Court record shows that the evidence adduced by
the prosecution was thoroughly consistent, and good enough to bring home
guilt of the appellants, for which they were charge-sheeted. Thus, it is
hereby held that there is no scope for interference or indulgence in the
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findings recorded by the learned trial Court, with regard to conviction of
appellant, for the offence under Section 489-C of IPC. Accordingly, the
abovementioned finding is hereby affirmed and qua the judgment of
conviction instant appeals are hereby dismissed.
20. As far as the order on quantum of sentence is concerned, in
view of the fact that the appellant ‘Ram Kishan’ has already undergone
imprisonment for a period of three months, the appellants ‘Om Parkash’,
‘Paramjeet’, ‘Kasim’ for three months & six days, and the appellant
‘Gulshan’ for three months & seven days, against the awarded sentence of
five years, it is hereby held that the appellants are entitled to a lenient view.
21. In the light of above observations, if factual matrix of the
present case is analyzed, it transpires that following are the points which are
required to be taken into consideration: -
(a) that the incident in question had taken place about 24 years
ago;
(b) that the appellants are facing the agony of protracted trial
for the last more than 24 years;
(c) that against the awarded sentence of five years, the appellant
‘Ram Kishan’ has already undergone imprisonment for a
period of three months, the appellants ‘Om Parkash’,
‘Paramjeet’, ‘Kasim’ for three months & six days, and the
appellant ‘Gulshan’ for three months & seven days;
(d) that the appellants were first offenders and in the last more
than 24 years, the appellants have not been prosecuted for
any offence; and
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(e) that now the age of the appellants ‘Ram Kishan’, ‘Om
Parkash’, ‘Paramjeet’, ‘Kasim’ and ‘Gulshan’ is 47, 57, 49,
52 and 52-year-old (approx.).
22. In view of abovementioned observations, the sentence awarded
to the appellants is hereby held to be harsh and, as a consequence thereof, it
is hereby observed that with regard to quantum of sentence, there is need for
interference and indulgence in the impugned order, i.e. the order on the point
of quantum of sentence, by exercising the appellate jurisdiction vested in
this Court. Thus, in my opinion, by exercising the abovementioned
jurisdiction, the sentence awarded to the appellants needs to be rationalized
and reduced.
23. As a cumulative effect of abovementioned observations, it is
hereby held that in the present case, the appellants are entitled to a lenient
view, and that the sentence already undergone in the present case, is
adequate to meet the ends of justice.
24. As a sequel to the aforesaid discussions, the present appeals are
hereby partly allowed . The judgment of conviction is upheld; but order on
the point of quantum of sentence is modified, and the sentence awarded to
the appellants is reduced to the period already undergone by them.
25. Pending miscellaneous application(s), if any, stand(s) disposed
of, accordingly.
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26. A photocopy of this order be placed on the files of connected
cases.
(SURYA PARTAP SINGH)
JUDGE
31.10.2026
Gaurav Thakur
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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