VINOD BHUVANESHWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeals have been filed by the appellant­original accused Nos. 1 to 4 under Section 374(2) of the Cr. P.C., against the Judgment and order dated 23.02.2010 rendered by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Jamnagar, in Sessions Case No.89 of 2008, whereby the appellant -accused Nos.1 to 4 were convicted for the offence punishable under Section 489B of the Indian Penal Code and sentenced to undergo 10 year rigorous imprisonment with fine of Rs.10,000/ -, in default of payment of fine, further simple imprisonment of 6 months, for the offence punishable under Section 489C of the IPC and sentenced to undergo 5 years rigorous imprisonment with fine of Rs.10,000/ -,in default of payment of fine, simple imprisonment of 6 months and no punishment was imposed for the offence punishable under Section 120 -B of the IPC. Accused No.5 -Ashok Shiburav was acquitted by the learned trial Judge.

(2.) According to the prosecution case, on 05.02.2008, at Jamnagar Ranjitnagar area, Deep Vastu Bhandar, accused - Irfan and Sahadat were caught with fake currency notes of Rs.22,500/. On receiving information from these accused persons, in Bardharchowk Area, Jamnagar, a raid was conducted and from the possession of accused -Vinod Bhuvneshwar was found with fake currency notes of Rs.13,000/ - and from his bag, fake currency notes of Rs.70,000/ - were also recovered and from the possession of accused -Rahim Hussain and accused -Beju, fake currency notes of Rs.8,500/ - and 9,500/ -were recovered. in connection of recovery of fake currency notes, a complaint was filed before the Jamnagar City, A Division Police Station bearing I -C.R.No.43 of 2008 for the offences punishable under Sections 489B, 489C and 120 -B of the IPC. Then statements of the witnesses were recorded and panchnamas were drawn and recovered fake currency notes sent to FSL for expert opinion and on receiving the report from FSL, the same was tagged by the Investigating Officer with the investigation papers. Thereafter, charge - sheet was filed against the appellants -accused for the said alleged offence before the Court of learned Judicial Magistrate First Class. As one accused was juvenile, one separate charge -sheet was filed before the Juvenile Court. As the said case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, under Section -209 of the Code of Criminal Procedure, committed the case to learned Sessions Judge, Jamnagar, which was thereafter, numbered as Sessions Case No.89 of 2008.

(3.) On the basis of above allegations, charge was framed against the appellants -accused vide Exh.23 and read -over and explained to the appellants -accused for the offences punishable under Sections 489B, 489C and 34 of the IPC. Then plea was recorded, wherein, appellants -accused pleaded not guilty to the charge and claimed to be tried.