MAHENDRAKUMAR MANILAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE the present appeals are arising out of the common judgment and order dated 24th April, 1997 passed by the learned Special Judge and Additional Sessions Judge, Jamnagar, in Special Case No.01 of 1993, both the appeals are decided by this common judgment.

(2.) SO far as Criminal Appeal No.450 of 1997 is concerned, the same is filed by the original accused against the judgment and order of conviction and so far as Criminal Appeal No.591 of 1997 is concerned, the same is filed by the State of Gujarat for enhancement of sentence.

(3.) AS the complainant was not willing to give Rs.500/- to the appellant, he approached the Police Inspector, A.C.B. and lodged his complaint. Thereafter, services of two panchas were sought, facts of the case were narrated to them and thereafter the experiment of U.V. Lamp was carried out with the help of anthrecene powder. The basic ingredients of the anthrecene powder were explained and made understood to the panchas as well as to the complainant. Thereafter, currency notes, i.e. five notes of Rs.100/- each, produced by the complainant were smeared with anthrecene powder. Number of these notes were noted in the preliminary part of panchnama. The said currency notes were put in the left pocket of the shirt of the complainant. Thereafter, the Police Inspector, A.C.B., gave necessary instructions to the complainant as well as to the panchas. Thereafter, preliminary part of the panchnama was drawn and signature of the panchas were taken below the panchnama. Thereafter, the complainant, panchas and members of the raiding party proceeded towards Chetna Lodge in Government vehicle at 18.40 hours.