MAHENDRASINGH DOLATSINGH MAHIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred this Appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 12.1.2007 passed by the learned Additional Sessions Judge and Fast Track Court No.2, Bharuch in Sessions Case No.83 of 2006, whereby the learned Sessions Judge has convicted the appellants under Sections 489(A),(B),(G),(Gh) and 120(B) of the Indian Penal Code and sentenced the appellants, whereby THE appellants No.1 and 3 ? accused guilty for the offences punishable under Sections 489(A) of the Indian Penal Code and was pleased to sentence the appellants to undergo R.I. for 7 years with a fine of Rs.1000/- each, in default, further S.I. for three months and under Section 489(B) of the Indian Penal Code, the appellants were sentenced to undergo R.I. for 7 years and to pay a fine of Rs.1000/-, in default, further S.I. of three months. Learned Sessions Judge was pleased to sentence the appellants No.1 and 3 for the offences punishable under Section 489(g) of the Indian Penal Code to undergo for R.I. of three years with a fine of Rs.1000/-, in default, further S.I. for three months and for the offence punishable under Section 489(gh) read with Section 120-B of the Indian Penal Code to undergo R.I. for 7 years and to pay fine of Rs.1000/-, in default, further S.I. three months. THE appellant No.2 was ordered to undergo R.I. for 7 years and to pay a fine of Rs.1000/-, in default, further S.I. three months for the offence punishable under Section 489(A) of the Indian Penal Code and he was ordered to undergo R.I. for seven years and to pay a fine of Rs.1000/-, in default, further S.I. for three months for the offence punishable under Section 489(B) of the Indian Penal Code. THE learned Judge was pleased to sentence the appellant No.2 to undergo R.I. for three years and fine of Rs.1000/-, in default, further S.I. of three months for the offence punishable under Section 489(g) of the Indian Peal Code and for the offence punishable under Section 489(gh), the appellant to undergo R.I. for seven years and fine of Rs.1000/-, in default, further S.I. for three months. All the sentences shall run concurrently. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused is that on 1.3.2006 at about 2:00 p.m., when the Police Inspector and other Police personnel of Bharuch City 'A' Division Police Station, Bharuch pursuant to the letter of District Superintendent of Police, Bharuch were conducting investigation with respect of I ? CR No.167 of 2005 for the offences punishable under Sections 454, 457, 380 of the Indian Penal Code, at that time, they came to know about the offence. THE P.I. Shri Damor got information that Jagdishbhai of Bharuch is possessing stolen Mobile No.9879803495 and on inquiry one Dineshbhai Solanki informed that he is younger brother of Jagdishbhai and after obtaining address the police personnel went at the place of Jagdishbhia and upon inquiry, they came to know that Jagdishbhia had purchased aforesaid mobile from Jaykishan & Jakey Naranbhia Chavda ? appellant No.3 for Rs.1500/-. During inquiry, it was learnt from said Jaykishan that Mahendrasingh ? appellant No.1 and Kishor Hasmukhbhai ? appellant No.2 and others namely Dhaval, Rakesh and Rahul had committed theft from the shop namely New Tech Electrics situated at Shalimar Cinema Compound. During inquiry from Mahendrasingh and Kishor and upon body inspection, five fake currency notes of Rs.100/-, one fake currency note of Rs.50/- were from the possession of Mahendrasingh Mahinda- appellant No.1 from the rear pocket of his pent and one fake currency note of Rs.100/- from possession of Jaykishan @ Jacky ? appellant No.3 from pocket of pent. Upon further inquiry regarding the aforesaid fake current notes, the police personal got information that Mahendrasingh and appellant No.2 have purchased colour zerox machine, they were getting colour zerox fake currency notes from the original currency notes of Rs.100/-, Rs.50/- and Rs.10/- and all three appellants put the fake currency notes into circulation in the market of Bharuch at different places. During investigation, it was also come to know that said colour zerox machine is kept at the house of Kishorbhai ? appellant No.2. THErefore, the police seized the said colour zerox machine and other fake currency notes from the house of accused ? appellant No.2 by drawing panchnama in presence of the panchas. Upon these allegations the aforesaid offence was registered against the present appellants ? accused for the offence alleged.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined the witnesses before the trial Court like Dhanjibhai Bajaji Damor P.I., Exhibit 20, Chiragbhai Narendrakumar Shah, Police Constable Exhibit 23, Bharatsinh Padamsinh Rajput, P.S.I., Exhibit 24, Ishwarbhai Lallubhai, P.S.O., Exhibit 26, Darjibhai Dharmaji Damor, I.O. Exhibit 31, Pravinbhai Dahyabhai Joshi, Panch witness Exhibit 12, Vinayakrav Madhavrav, Panch witness Exhibit 14, Ambavibhai Dharmsinhbhai Exhibit 11, Pravinbhai Dharamsinh Exhibit 15, both are doing business of Zerox and seller of Zerox machine Talkin Saiyed at Exhibit 17, Satyan Madhusudan Shah, Owner of the firm Exhibit 18, Pareshbhai Jashwantlal, Cashier Exhibit 19 and Rajubhai Shanabhai Gohil owner of the hotel Exhibit 22.