SULEMAN GAFARBHAI TUMBI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a common judgment of the learned Additional Sessions Judge, Surat dated 28.03.2012 in Sessions Cases No. 292 of 2007 and 108 of 2008. In all four accused were tried under the said sessions cases. They were charged with offences punishable under Sections 489B, 489C read with Sections 34 and 114 of IPC as well as Section 120B read with Section 114 of IPC. By the impugned judgment, the learned Judge convicted accused Nos. 1 and 2 of Sessions Case No. 292 of 2007. Accused No. 3 of the said sessions case and the sole accused of Sessions Case No. 108 of 2008 (hereinafter to be referred to as 'the fourth accused') came to be acquitted of all charges. Accused Nos. 1 and 2, who were convicted for the said offences, were sentenced to simple imprisonment of 10 years. They have been asked to pay fine of Rs. 10,000/ - each. Accused No. 1, Suleman Gafarbhai Tumbi, has filed Criminal Appeal No. 593 of 2012 and challenged his conviction and sentence. Accused No. 2, Mohammad Nazir Haji Ismile Sanya, has filed Criminal Appeal No. 517 of 2012. The State has preferred Criminal Appeal No. 679 of 2012 challenging acquittal of accused Nos. 3 and 4th accused.

(2.) BRIEFLY stated the prosecution version was that:

(3.) AGAINST the fourth accused, charge framed at Exh. 7 in Sessions Case No. 108 of 2008 likewise alleged that in conspiracy with the other three accused, he also committed the offences punishable under Section 489B read with Section 120B and 114 of IPC. It was further alleged that this accused had given 10 fake currency notes of Rs. 500/ - to his household servant for her husband's treatment. When such notes were tendered, the cashier at the hospital and the trustees got suspicious. The accused, thereupon, retrieved the notes in question.