SAVABHAI VIRABHAI VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE both these Appeals arising out of the common judgment and order dated 22.12.2010 passed by the learned Additional Sessions Judge and Fast Track Court No.2, Camp at Kalol in Sessions Case No.49 of 2010. Therefore, same are heard together and decided by this common judgment.

(2.) THE appellant Rameshbhai Ramjibhai Mali has filed Criminal Appeal No.757 of 2012 and the appellant Savabhai Virabhai Vaghri has filed Criminal Appeal No.246 of 2011 filed under Section 374 of Code of Criminal Procedure against the aforesaid judgment and order of conviction and sentence. By way of said judgment and order, the learned Sessions Judge held the appellants guilty for the offence punishable under Sections 489(g) of the Indian Penal Code and awarded sentence to undergo 7 years rigorous imprisonment and fine of Rs.10000/ -, in default, further rigorous imprisonment of one month.

(3.) BRIEF facts of the prosecution case is that the alleged incident was occurred on 10.3.2010, Opp. Sindbad Hotel, Kalol and one informer gave information at about 12:30 to ATS office that two persons i.e. present appellants were to be reached at the place of incident at about 16:00 hrs. for selling Indian fake currency notes. On receiving such information, the ATS office made plan to caught the persons red handed. Therefore, the ATS office called two panchas and made primary panchnama at about 14:00 to 14:30 hrs. According to their plan, they reached at the place of incident and started watching as per information. At about 16:00 hrs., two persons came there and found that they were suspicious persons. Therefore, the ATS raiding party members stopped them and asked their names. During the course of investigation, the ATS officers found from right pocket of black lining pent, one plastic bag and in the said bag, they found 30 fake currency notes of Rs.500/ - of Indian currency. Out of which, they were of same serial number and duplicate. The ATS officers also investigated in the pocket of shirt and also found two duplicate currency notes of Rs.500/ -, one Nokia Mobile and driving licence. Therefore, total 32 fake currency notes were recovered from the accused No.1 and total 40 duplicate notes of Rs.500/ - of Indian currency from the accused No.2. As per the case of the prosecution, the complaint being FIR 4/2010 under Section 489(A) (B) (C) and 120(B) of the Indian Penal Code was lodged against the appellants accused persons. After carrying out investigation, charge -sheet was filed against the appellants before the Court of learned Judicial Magistrate First Class, Kalol and thereafter, the case was committed under Section 209 of the Code of Criminal Procedure to the Court of Sessions and accordingly, the case was registered as Sessions Case No.49 of 2010.