$-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : 12th JANUARY, 2015 + CRL.A. 422/2012 & CRL.M.B.1906/2013 SUNDER DEV KUSHWAHA ..... Appellant Through : Mr.Jaideep Malik, Advocate. versus STATE ..... Respondent
Through : Ms.Kusum Dhalla, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.Garg, J. (Open Court)
1. The appellant - Sunder Dev Kushwaha impugns a judgment dated 06.03.2012 of learned Additional Sessions Judge in Sessions Case No. 80/09 arising out of FIR No.731/07 under Sections 489B/489C/34 IPC PS Lajpat Nagar. By an order dated 21.03.2012, the appellant was sentenced to undergo RI for six years with fine ` 10,000/- under Section 489B and RI for four years under Section 489C. Both the sentences were to run concurrently.
Crl.A.No.422/2012 Page 1 of 4
2. Allegations against the appellant and co-accused persons - Jagram and Shishram were that on 20.07.2007 when Sub-Inspector Pramod Gupta along with other police officials was on patrolling duty, he reached at Amar Colony Market where Vikrant, a Juice Vendor called him. On seeing the police officials, two persons standing there started slipping and were apprehended. Statement of the Juice Vendor - Vikrant was recorded. He alleged that two persons had come at his shop at C-13, Amar Colony Market and had asked for two glasses of juice. They had handed over a fake currency note of ` 500. He got suspicion and called the police. Both the accused person