JUDGMENT

Arvind Singh Chandel, J. - The instant appeal has been preferred against the judgment dated 17.5.2006 passed by the Sessions Judge, Raipur in Sessions Trial No.391 of 2000, whereby the Appellant has been convicted and sentenced as under:

2. Prosecution case, in brief, is that Ashok Kumar Yadav (PW2) was owner of Sourabh Petrol Pump, Tilda. On 8.3.2000 at about 8:30 AM, the Appellant came to the petrol pump in a vehicle Tata Sumo bearing registration No.MH 02 L 8288 and got 15 litres diesel filled in the vehicle and gave 3 currency notes of Rs.100/- each. The pump operator after deducting Rs.240/- for the diesel refunded him Rs.60/-. Thereafter, the pump operator found that those 3 notes of Rs.100/- were forged currency notes. Then he gave a written intimation (Ex.P1) to the Police Station Nevra. Those 3 currency notes bearing numbers 9HW775472, 9HW775299 and 9HW775478 were seized from owner of the petrol pump Ashok Kumar Yadav (PW2) vide Ex.P3. It is the further case of the prosecution that on 11.3.2000, during search, Station House Officer of Police Station Nevra, namely, Satyendra Pandey (PW10), on the basis of information received from informant, stopped the aforesaid Tata Sumo vehicle 7 kms. ahead from Rajnandgaon. In the said vehicle, the Appellant was sitting. A search of his pant was made in which 25 forged currency notes of Rs.100/- each were found which were seized from the Appellant in presence of witnesses Yashwant Kumar Sharma (PW8) and Ishwar Kumar Sharma (PW9) vide Ex.P10. The said Tata Sumo vehicle was also seized vide Ex.P10 itself. Memorandum statement under Section 27 of the Evidence Act of the Appellant was recorded vide Ex.P8. It was disclosed by him that those forged currency notes were given to him by co-accused Ashok Umlani (absconded). Statement of Ashok Umlani under Section 27 of the Evidence Act was also recorded vide Ex.P9. According to the further case of the prosecution, 40 forged currency notes each of Rs.100/- were recovered from co-accused Ashok Umlani. It was disclosed by Ashok Umlani that he had got those 40 forged currency notes from absconded co-accused Raj Kapoor. On 11.3.2000 itself, Satyendra Pandey (PW10) recorded Dehati Nalishi (Ex.P6). On return to the police station, he recorded First Information Report (Ex.P7) on the basis of the Dehati Nalishi (Ex.P6). 25 forged currency notes of Rs.100/- each seized from the Appellant and 40 forged currency notes of Rs.100/- each recovered from absconded co-accused Ashok Umlani were sent for examination vide Ex.P12. Examination report of the expert is Ex.P14. According to the report (Ex.P14), all the currency notes of Rs.100/- each were found to be forged. Statements of witnesses were also recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. Charges were framed under Sections 489B and 489C of the Indian Penal Code against the Appellant and under Sections 489C and 489A of the Indian Penal Code against co-accused Ashok Umlani. During pendency of the trial, vide order dated 31.3.2005, co-accused Ashok Umlani was declared to be absconded.

3. In support of its case, the prosecution examined as many as 10 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. In defence, the Appellant examined Mahesh Kumar Wadhwani (DW1).

4. On completion of the trial, vide the impugned judgment, the Trial Court convicted and sentenced the Appellant as mentioned in first paragraph of this judgment. Hence, this appeal.

5. Learned Counsel appearing for