HASMUKH UMIYASHANKAR JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED advocate Mr. such appearing for the appellant states that in light of the fact that appeals being Criminal Appeal No. 1561 of 2008, Criminal Appeal No. 1437 of 2008 and Criminal Appeal No. 1071 of 2008 are decided arising from the same judgment and order in Sessions Case No. 81 of 2005, this appeal be taken up for final disposal, to which learned APP Mr. Patel has no objection.

(2.) AT the outset, we may mention that four accused were tried in Sessions Case No. 81 of 2005. The present appellant was A4 in the said sessions case. Earlier A1, A2 and A3 had preferred Criminal Appeals challenging the judgment under appeal. Their appeals are Criminal Appeal No. 1561 of 2008, Criminal Appeal No. 1437 of 2008 and Criminal Appeal No. 1071 of 2008. All these appeals were decided together by this Court by judgment and order dated 03.07.2013. Pending appeal, A3 had died. This Court by judgment dated 03.07.2013, was pleased to confirm the conviction for offences under Sections 489 -A, 489 -B, 489 -C and 489 -D read with Section 120B of the Indian Penal Code. However, the sentence was reduced to 10 years RI. After the judgment in the above appeals, the present appellant has preferred the present appeal with prayer for condonation of delay. The delay was condoned. The learned advocate for the appellant appearing as Legal Aid advocate has mainly placed reliance on the above referred judgment of this Court in the case of other accused.

(3.) SHRI V.D. Kharadi, who was Police Inspector, Crime Branch, Junagadh at the relevant time had received confidential information and on the basis of the said information the Police Inspector along with other police personnel after preparing preliminary panchnama in that regard came at Sabalpur Chokdi at Junagadh Dhoraji bypass. It was on 04.07.2005. It is the case of the prosecution that consistent with their information one Hero Honda Motor Bike bearing registration No. GJ -19 -1991 came at about 1:15 p.m., at the said place. A1, A2 and A3 were on the Motor Bike. The police had stopped the Motor Bike and had carried out the search. The currency notes alleged to be counterfeit of denomination of Rs. 100/ - and Rs. 500/ - were found from each these three accused. The police had recovered these notes after preparing panchnama wherein the details of each of the notes were mentioned i.e. series number, denomination etc. It is further the say of the prosecution that on being inquired about the source of these notes, A1 had said to have stated that they have received these notes from A4 who is carrying out the work of preparing counterfeit notes in the building of A2. Accordingly, the police with the help of A1 and A2, proceeded to the building of A2, where it is alleged that A4 was present. It is also the case of the prosecution that in the said building in the room where A4 was found, there was a cot and on the said cot there was HP Office Jet 5510 all -in -one machine referred as printer cum fax cum scanner cum copier machine. The police had also found blank white papers, scissor, pencil ruler etc. Further, it is alleged that the police had also found 22 currency notes of Rs. 100/ - denomination from the shirt of A4 and five notes of Rs. 50/ - denomination. All these materials, including currency notes were seized by the police.