In a criminal appeal for issuing a counterfeit currency note, the High Court set aside the conviction due to hostile prosecution witnesses failing to identify the appellant, failure to examine the shop owner, and missing production-cum-seizure lists.
Impugned judgment set aside; appeal allowed; appellant discharged from bail bonds.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.113 of 2009
Arising Out of PS.Case No. -240 Year-1995 Thana –Buxar Town District- BUXAR
=========================================================== Ram Dular Gupta son of late Nagina Gupta, R/O Village-Tadighat, PS-Suhbal, Distt-Gajipur, Uttar Pradesh. Appellant Versus State of Bihar .... .... Respondent/s =========================================================== Appearance : For the Appellant/s : Mr. Baban Roy, Amicus Curiae For the Respondent/s : Mr. Parmeshwar Mehta, APP
=========================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL JUDGMENT Date: 29-10-2018
None appears on behalf of appellant, on account thereof, Sri Baban Roy, Advocate has been requested to assist the Court as an Amicus Curiae.
Patna High Court CR. APP (SJ) No.113 of 2009 dt.29-10-2018
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perusal, he became suspicious and inquired for, whether the currency note is a fake one, whereupon, that person began to flee but, was apprehended. Then thereafter, he compared the currency note with other currency note of Rs. 500/- and found vast difference in between. Arun Kumar Gupta, Mantu Ansari, Vijay Kumar Rai, Manoj Kumar Gupta along with others assembled who have questioned whereupon, the apprehended person disclosed his identity as Ram Dular Gupta son of late Nagina Gupta, R/O Village-Tadighat, PS-Suhbal, DisttGajipur, Uttar Pradesh and further, confessed his guilt.
Patna High Court CR. APP (SJ) No.113 of 2009 dt.29-10-2018
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Mantu Ansari, PW-3, Arun Kumar Gupta, PW-4, Md. Nisar Ahmad, PW-5, Manoj Kumar Gupta, PW-6, Krishna Kumar Sinha, as well as had also exhibited Ext-1 series, signature of seizure list witnesses, Ext-2, Written report, Ext-3, Report submitted by PW-6 after examining currency note bearing Serial No. 3BF 975734.
Patna High Court CR. APP (SJ) No.113 of 2009 dt.29-10-2018
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of occurrence, he was sitting by the side of sweetmeat shop of Madan Prasad Gupta. One person came, gave currency note of denomination of Rs. 500/-, asked for half Kilogram of Sonpapri as well as demanded the rest amount by saying that he is in a hurry as he has to catch the train. Madan Prasad Gupta, after receiving the currency note in his hand, became suspicious whereupon, inquired whether it happens to be a counterfeit. Just after hearing the query, the accused began to flee but was apprehended and on query, he disclosed his identity as Ram Dular Gupta son of late Nagina Gupta, R/O VillageTadighat, PS-Suhbal, Distt-Gajipur, Uttar Pradesh and further confessed his guilt.
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Patna High Court CR. APP (SJ) No.113 of 2009 dt.29-10-2018
received counterfeit currency note but, from the production-cumseizure list (not exhibited), it is apparent that it was the informant who had produced without having his presence over the same. Apart from this, production-cum-seizure list witness, PWs-1 and 3 who were also over the material point along with PWs-2 and 5 failed to identify the accused in dock and in likewise manner, declined to support the case of the prosecution.
(Aditya Kumar Trivedi, J)
perwez
| AFR/NAFR | AFR |
|---|---|
| CAV DATE | N/A |
| UploadingDate | 01.11.2018 |
| Transmission Date |
01.11.2018 |
2 issues framed by the court
Whether the judgment of conviction should be set aside in view of the contradictory witness statements and procedural lacunae?
Whether the failure to identify the accused and the absence of the owner of the shop affect the reliability of the prosecution case?
2 provisions across 2 enactments
Ram Dular Gupta
State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
