ANSARULHAQ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed assailing the judgment of the Sessions Court in convicting the appellants herein in respect of the offence punishable under Sections 489B, 489C and 420 of I.P.C.

(2.) BRIEFLY stated, the respondent -police charge sheeted the accused Nos. 1 to 4 for the offences punishable under Sections 489B, 489C and 420 read with Section 34 of IPC. Since the accused Nos. 3 and 4 were absconding, their case was split up and the case of accused Nos. 1 and 2 was sent for trial. Accused No. 1/appellant was in judicial custody. The trial Court framed charge against the appellant and co -accused, accused pleaded not guilty; prosecution examined 19 witnesses as PWs -1 to 19 and marked documents at Exs. P -1 to P -22 and material objects at Mos. No. 1 to 131. The statement of the accused under Section 313 of Cr.P.C. was recorded. The accused denied all the incriminating circumstances appearing in the statements of the witnesses. They had no rebuttal evidence. After giving audience to both, the Court below has written the judgment of conviction.

(3.) BOTH the panch witnesses to the seizure mahazar have turned hostile. The whisky bottle which is said to have purchased by the appellant from P.W.6, by producing the fake currency notes is not seized. Independent witnesses are not examined to demonstrate that the appellant was staying in the Laxmi Nivas Lodge. The Court below has not framed proper charges. The number of fake currency notes said to have seized under mahazar was not mentioned in the charge. He is in custody since from 23.08.2010.