KALUBHAI ALSIBHAI KARANGIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As both the appeals arise from the common judgment and order passed by the learned Sessions Judge in Sessions Case No.104/03, they are being considered simultaneously.

(2.) Criminal Appeal No.147/06 is preferred by the original appellant -accused No. 1 (hereinafter referred to as "A1") against the judgment and the order passed by the learned Sessions Judge dated 11.08.2004 in Sessions Case No.104/03, whereby A1 has been convicted for the offence under Sections 489A, 489C and 489D of IPC and the sentence has been imposed upon him for 10 years RI with the fine of Rs.10000 for the offence under Sections 489A and 489C of the IPC and 3 years RI with fine of Rs.2000 for the offence under Section 489D of IPC. However, as by the very judgment and order of the learned Sessions judge, the other accused Nos.A2 to A10 were acquitted by the learned Sessions Judge, the State has preferred Criminal Appeal No.1946/04 against the order of acquittal for original accused Nos.2,3,4 and 8.

(3.) It appears that as per the prosecution case, PI, Local Crime Branch, Jamnagar, Shri Rajsi Rathod, PW 10, received information that one Kalu Alsibhai Karangia Ahir (A1) residing in the building owned by Dhanabhai Ahir was counterfeiting the currency note and putting into circulation and was also in possession of the fake currency note and therefore, he called two panchas and raided the house of A1 wherein 9 fake notes of denomination of Rs.50 were found from the pocket of the shirt of A1 and 10 fake notes of the denomination of Rs.100 were found from the pocket of the pant of A1 and those notes were recovered. Further in the room, below the bedding, 23 fake currency notes bearing denomination of Rs.100 were also found and were recovered. Further, inside the bedding 9 printing image of notes on one side were found on the blank paper having denomination of Rs.100 each and 4 notes printed on the other side having denomination of Rs. 100 were found and other stationary bearing 8 notes of denomination of Rs.100 and 3 notes of Rs. 50 were found. Therefore, complaint was filed (exhibit 45) on 02.07.2003 by the said police officer.