STATE OF GUJARAT Vs. HARENDRA @ PARABHU VIRNA GOUD

JUDGEMENT

(1.) CRIMINAL Appeal No.503 of 2011 has been preferred by the State of Gujarat for enhancement of the sentence imposed on Harendra @ Prabhu Virna Goud original accused No.1 after finding him guilty for the offences punishable under Sections 489B, 489C and 420 of the Indian Penal Code ( for short "IPC" ) and for the offences punishable under Section 489B of IPC imposed on Sadam Mobin Ansari original accused No.2 by the judgment and order dated 31.12.2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Vadodara against which order each of the convicts have separately preferred Criminal Appeal No.623 of 2011 and Criminal Appeal No.584 of 2011 respectively. The original accused No.1 Harendra @ Prabhu Virna Goud has been sentenced to a rigorous imprisonment of seven years and a fine of Rs.5,000/and a further sentence of simple imprisonment of one year in lieu of fine for the offence under Section 489B of IPC, and rigorous imprisonment of five years and a fine of Rs.5,000/and a further sentence of simple imprisonment of one year in lieu of fine for the offence punishable under Section 489C of the IPC and simple imprisonment of three years and a fine of Rs.2,500/and a further sentence of simple imprisonment of six months in lieu of fine for the offence punishable under Section 420 of the IPC. All the sentences have been ordered to run concurrently. The original accused No.2 Sadam Mobin Ansari has been sentenced to a rigorous imprisonment of seven years and a fine of Rs.5,000/and a further sentence of simple imprisonment of one year in lieu of fine for the offence punishable under Section 489B of the IPC. However the learned Judge recorded acquittal of original accused No.1 Harendra @ Prabhu Virna Goud for the offence punishable under Sections 489A and 120B of IPC and for the offences punishable under Sections 489A, 489C, 420 and 120B of IPC the original accused No.2 Sadam Mobin Ansari has been acquitted.

(2.) AN FIR being C.R.No.I 47 of 2009 came to be registered in Sayajiganj Police Station, Vadodara alleging the offence punishable under Sections 489A, 489B, 489C, 120B and 420 of the IPC. The case against the convicts in the FIR was regarding counterfeiting, selling, buying, receiving, trafficking, possessing and circulation of forged currency notes.

(3.) UPON investigation and finding material against the convicts, a chargesheet was filed in the Court of learned Judicial Magistrate, First Class, Vadodara, who committed the case to the Court of Sessions, Vadodara as the said court was competent to try the case. Ultimately charge was framed and the convicts having pleaded not guilty and having sought trial, they were tried and found guilty and sentenced as aforesaid.