AMARABHAI KACHARABHAI RAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeals filed under Section 374 of the Code of Criminal Procedure, 1973, the appellants-original accused had prayed to quash and set aside the judgment and order of conviction and sentence dated 19th August 1997 passed by the learned Special Judge, Sabarkantha, Himmatnagar, in Special Case No.07 of 1989 whereby the learned Judge was pleased to convict the appellants.

(2.) APPELLANT-Amarabhai Kacharabhai Raval-original accused No.2 in Special Case No.07 of 1989 has preferred the Criminal Appeal No.837 of 1997, whereas the appellant-Dudhabhai Methabhai Vankar-accused No.1 in Special Case No.07 of 1989 has preferred the Criminal Appeal No.852 of 1997 challenging the judgment and order of conviction and sentence dated 19th August 1997 passed by the learned Special Judge, Sabarkantha at Himmatnagar. Since both the appeals arise out of the same judgment delivered by the learned Special Judge, Sabarkantha at Himmatnagar in Special Case No.07 of 1989 and since the set of oral as well as documentary evidence is same, both the appeals are heard together and are disposed of by this common judgment.

(3.) THEREAFTER, members of raiding party rushed to the spot and caught the accused No.1. THEREAFTER all the persons went to the Government Guest House where experiment of UV lamp was carried out. Three currency notes were found from the bush-shirt's pocket of the accused No.1. On seeing those noes in UV lamp, blue fluorescent marks were found. From the pocket of the accused No.1-appellant currency note of Rs.2/-, one chit and one key were also found. Presence of anthrecene powder was also found in the pocket and on the hands of the accused No.1-Forester. THEREAFTER, after following necessary formalities, second part of panchnama was drawn.