STATE OF GUJARAT Vs. HIMATLAL BHAILAL RAJGOR

JUDGEMENT

(1.) By way of present acquittal appeal, the appellant-State, under Sec. 378 of the Criminal Procedure Code, 1973, has assailed the judgment and order of acquittal dtd. 9/1/1998, recorded by the learned Additional Sessions Judge, Kutch-Bhuj in Sessions Case No.80 of 1992 wherein the learned Judge has acquitting the accused for the offences punishable under Ss. 489(A), (B), (C) and (D), 34, 171 read with Sec. 114 of the Indian Penal Code.

(2.) During the pendency of the appeal, accused Nos.2 and 3 expired. Hence, the appeal stands disposed of as abated qua the accused Nos.2 and 3.

(3.) It is the case of the prosecution that on June 8, 1992, at around 8:30 a.m., an intelligence report was received by PSI, Mr. R.G. Rathod of Kutch-Bhuj, that accused No. 1 had fake US Dollar and Indian Currency Notes. Therefore, a raid was conducted, and 135 counterfeit dollars were recovered from the residential premises of accused No. 2. On the same date, at 7:30 p.m., counterfeit dollars were recovered from the residential premises of accused No. 3. Similarly, counterfeit dollars were recovered from other accused persons, who used to sell the counterfeit dollars. One file was also recovered, and after investigation, a charge-sheet was filed. The learned Sessions Judge has confirmed the charges under Ss. 489(A), (B), (C), and (D), 34 read with Sec. 114 of the Indian Penal Code. Accused Nos. 5 and 6, although not in the police department, impersonated police officers, threatened deceased accused No. 2, and were involved in the illegal transportation of the counterfeit dollars. Consequently, an offence was also registered against them.