TUNTUN INDRASAN MUKUND THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused No.5 & 6 have filed this Appeal under Section 374 (2) of Cr.P.C. against the Judgment and order of conviction and sentence dated 12.6.2008 passed by the learned Additional Sessions Judge, Fast Track Court, Valsad, in Sessions Case No.78 of 2007, whereby the learned Additional Sessions Judge has held the appellants accused guilty for the offence under Section 489(B)of I.P. Code and sentenced them to undergo Rigorous Imprisonment for 7 years with fine of Rs.5,000/- i/d to further undergo RI for 6 months and also held the appellants accused guilty for the offence under Section 489(c) and sentenced them to undergo RI for 5 years with fine of Rs.3,000/- i/d to further undergo RI for 3 months. The learned Judged has also ordered that all the sentence awarded to the accused shall run concurrently.

(2.) The brief facts of the case of prosecution are that on the date of incident the complainant ASI, along with other police personnel were on Bank Watch Petrolling, at that time at Vapi GIDC near State bank of India Cross road three persons were coming in suspicious condition and were dealing in money and, therefore, they were stopped by the complainant and others and asked as to why they are standing near the Bank. They did not give proper and satisfactory reply. As the appellants and others were having currency notes of denomination of thousand rupees and different currency notes they were taken to SOG office. Thereafter two panchas were called and in their presence and in presence of PSI and others fake and duplicate notes were recovered from the accused. It is alleged by the prosecution that the said fake and bogus currency notes were brought from neighbouring countries. The complaint was registered against the accused and other persons with Vapi GIDC Police Station which came to be registered as CR No. I -74 of 2007.

(3.) Necessary investigation was carried out by the Police and after completion of investigation the charge-sheet against the accused came to be submitted before the Court of learned Magistrate. As the offence under Sections 489(A)(B)(c) read with Section 120-B I.P. Code are exclusively triable by the Court of Sessions, the learned Magistrate committed the said case to the Court of Sessions at Valsad. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.