BASAVARAJ @ RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed under Section 374(2) of Cr.P.C., seeking to set aside the judgment of Conviction dated 21.10.2011 and order of sentence dated 02.11.2011 passed by the Fast Tack Court-I/II, Bijapur in Sessions Case No.19/2003 convicting the appellants for the offences punishable under Sections 489(B) and 489(C) of IPC.

(2.) The case of the prosecution is that, on 14.05.2001, PW.11, Modinpasha Kudachi, HC 406 of the DSP Office, Bijapur received a credible information that counterfeit currency notes were being circulated at Navaras Wine Shop. He divulged this information to PW.1, the PSI of Gandhi Chowk Police Station and both of them with two panchas and HC 569 raided Navaras Wine Shop and seized two currency notes from accused No.1. A panchnama was drawn up as per Ex.P2. PW.1 lodged a complaint vide Ex.P1 and based on the said complaint, Crime No.154/2001 was registered against accused No.1.

(3.) In the course of investigation on 28.08.2001, PW.14-the Investigating Officer deputed PW.6 and PW.12, two constables attached to his police station, to keep watch over the movements of accused No.10. On 31.08.2001, they found accused No.2 moving suspiciously and he was produced before the Investigating Officer-PW.14 and on personal search, PW.14 found 12 currency notes of the denomination of Rs.100/- each in the possession of accused No.2 and the same were seized under a Mahazar Ex.P3. Based on the information of PW.2, accused Nos.3 to 9 were arrested on different dates and at the time of their arrest, on their personal search, the Investigating Officer recovered 71 currency notes of the denomination of Rs.100/- each and 27 currency notes of the denomination of Rs.50/- each from the possession of accused No.3. From the possession of accused No.4, six currency notes of the denomination of Rs.100/- each were recovered under a Mahazar Ex.P5. From the Farm House of accused No.5, eight currency notes of the denomination of Rs.100/- each and five currency notes of the denomination of Rs.50/- each were recovered under a Mahazar Ex.P7. From the possession of accused No.7, seven currency notes of the denomination of Rs.50/- each were recovered under a Mahazar - Ex.P6. From the possession of accused No.8, one currency note of the denomination of Rs.100/- and five currency notes of the denomination of Rs.50/- each were recovered under a Mahazar Ex.P8. Accused No.11 surrendered before the Udupi Court on 11.12.2001 and was taken in to custody.