STATE OF GUJARAT Vs. JYOTSNABEN W/O. JASUBHAI

JUDGEMENT

(1.) PER : <DJG>MR.B.N.KARIA</DJG>, J. :- 1. By preferring the present Criminal Appeal under Section 378 [1](3) of the Code of Criminal Procedure, 1973 ["CrPC" for short], the appellant-State of Gujarat has challenged the common judgment and order dated 31st March 2005 passed by the learned Addl. Sessions Judge, Fast Track Court No.1, Jamnagar in Sessions Cases No.127 of 2001 and 35 of 2002, whereby, the respondents herein have been acquitted of the charge for the offence punishable under Sections 489 [b](c), 489 [b], 489 [c], 120B read with Section 34 of the Indian Penal Code ["IPC" for brevity].

(2.) Brief facts of the prosecution case are - in order to use fake currency notes of Rs. 500/denomination as real Bank notes and to circulate them in use at various places in Indian currency, all the accused persons, in collusion with the deceased accused Valimamad Rahim, who expired after production of the chargesheet, transacted with one another, kept them in their possession and before the period of one or two months of 16th June 1999, they often met each other at various places with a common intention of mixing the said fake notes in Indian currency, transacted fake notes of Rs. 500/- denomination and kept them in their possession with an intention to circulate them as real notes in Indian currency. In this way, the accused persons hatched criminal conspiracy and on 16th June 1999, at about 7:00 hours in the evening, the accused No.2 Hasam Maher Ali Hemnani, in collusion with deceased accused Valimamad Rahim, who has expired, gave fake currency note of Rs. 500/- denomination for the purchase of goods to Bavanji Meghjibhai Savaliya, owner of Sheetal Provision Stores, located in Sadhna colony, Jamnagar to use it as real one, despite having knowledge of the same being ounterfeited. Further, on 17th September 1999, at about 1:00 hours, he got petrol filled in his vehicle at Kirti petrol pump and gave a fake currency note of the denomination of Rs. 500/- by using it as real one. Further, on 17th September 1999, the accused No.5 Husen Valimamad Kakle residing outside Sasa Gate of Kuchchh-Bhuj city, kept three fake currency notes of the denomination of Rs. 500/- in pocket of his pant to use them as real ones, when the same were found and recovered. On 14th September 1999 in the evening, the accused No.4 Devchand Dahyabhai Kathriya used fake currency note of the denomination of Rs. 500/- as real one and made payment towards treatment taken at the place of Dr. V. C. Sathve, an Eye Surgeon of Jamnagar and towards medicine bill of Vipul Vinodray, the owner of Umiyaji medical store. Further, on 22nd September 1999, during 16:00 to 16:45 hours, one fake currency note of the denomination of Rs. 500/- was found from a drawer of table in the house of theaforesaid accused, located in Block No. 17,Laxminarayannagar, Near Khari canal, Thakkarnagar, Ahmedabad. Further, on 21st September 1999, during 20:00 to 21:00 hours, two fake currency notes of Rs. 500/-each were found in a cupboard having glass doors from the residential house of the accused No.7 Praful Maganlal Soni, House No.2, Vaishali Apartment-2, Near C. N. Vidyalaya, Ambavadi, Ahmedabad. Further, on 22nd September 1999, during 17:00 to 18:30 hours, two fake currency notes of the denomination of Rs. 500/- were found in a cupboard in the residential house of the ccused No. 3, located in Block No. 28, Prakash Society, Naroda Area, Ahmedabad. Further, on 22nd September 1999, during 07:00 to 08:00 hours, three fake currency notes of the denomination of Rs. 500/- were found from a bag in the residential house of the accused No.1 Jyotsnaben and her husband the accused No. 8 Kuberbhai, located in village Halisha, District Dahegam, Ahmedabad. In this way, all the accused persons colluded one another at different times with an intention to use fake currency notes of the denomination of Rs. 500/- as real ones at Samkhiyali, Halisha, Ahmedabad and Jamnagar, kept them in their possession, circulated them as real ones and have committed an offence, aforestated.

(3.) The complainant is Police Sub Inspector Mr. B.T. Zala, who had been discharging his duty at City 'A' Division, Khambhaliya Police Chowky, Jamnagar at the time of the incident in this case. As per his complaint, on 17th September 1999, Rajendrasinh Shivubha Jadeja, working as a Cashier at Lalpur by-pass Petrol pump, stated before Balubha Gagubha, P.S.O. of Jamnagar City 'A' Division Police Station that a person, namely Hasambhai, got petrol filled in the vehicle, bearing registration No. GJ 10 L 7394 at his petrol pump and gave one fake currency note in the denomination of Rs. 500/-. As the said currency note was suspected to be fake, he produced the said counterfeited note before P.S.O., who recorded his statement and registered a "Janva Jog" Entry No. 244/99 on 17th September 1999 at Jamnagar City 'A' Division Police Station and seized aforesaid fake currency note of rupees five hundred, bearing number 6CA027618; as per details made out in the panchnama. Further investigation was sent towards him as P.S.I. The inquiry in respect of owner of the said scooter was conducted in the R.T.O. and it was found that it is registered in the name of "Hasam Maherali Hemnani", resident of Sadhna Colony, Block No. M.65, House No. 4042. Therefore, the complainant searched the said place, where a scooter was seen outside the house. As its owner Hasam Maherali's residential house was on the second floor, two panchas Bharatkumar Durgashankar, resident of Jamnagar and Ashok Viththaldas Thakrar, resident of Jamnagar were called and house of the aforesaid person was searched in presence of two panchas and other staff members viz., H.C. Pravinsinh Bhikhubha, P.C. Sukhdevsinh Ranjitsinh, P.C. Nikul Mukundray. His wife Kherun Nishaben was present in the house and two fake notes of Rs. 500/- denomination from black coloured leather purse along with other articles were found from the house. These fake currency notes were found to be of the same kind of notes, as were produced by Rajendrasinh before P.S.O. at the Police station. As the colour of both notes stuck with fingers and size of both notes were different than normal currency notes, it was found that they were fake. Both the currency notes were found having numbers 6CA027618 and 4CH306573 respectively. Therefore, as both currency notes were found to be fake, P.S.I. seized them after utting them in a cover and sealing the same. This complaint was given against aforesaid Hasam Maherali. The P.S.O. Balubha Gagubha Vaghela registered an offence punishable under Section 489[B](c) IPC against accused vide I-C.R. No. 353/99 at Jamnagar City 'A' Division Police Station and made an entry thereof, vide Entry No. 14/99 in the station diary and handed over papers of investigation to P.S.I. Shri B.T. Zala for onward investigation. Thereafter, Mr. Sukhdevsinh Zala, P.I. of Jamnagar City 'A' Division Police Station, took over investigation. At that time, he had been discharging his duty as P.I. at Jamnagar City 'A' Division Police Station. He recorded statements of concerned witnesses during his investigation. As witness Bavanji Meghjibhai produced fake currency note in the denomination of rupees five hundred before the panchas on 17th September 1999, the same was seized by drawing a panchnama. Similarly, as witness Ashokbhai Ramanikbhai also produced a fake currency note in the denomination of rupees five hundred on 17th September 1999, the same was seized by drawing a panchnama. The Police, therefore, arrested accused Jyotsanaben and Hasam Maherali and seized currency note in the denomination of rupees five hundred found from the reddish brown coloured purse in the right side pocket of his pant. Dr. Sathye produced fake currency note in the denomination of rupees five hundred before him and the same was also seized drawing panchnama. As witness Vipul Vinodray produced fake currency note in the denomination of Rs. 500/=, he also seized it by drawing a panchnama. P.S.I. Chauhan searched the house of Bharatbhai Ambalal Patel, who has passed away. Mr. Chauhan searched house of accused Devchand Dayabhai. He searched house of the accused No. 3 Dhiren Kanubhai and seized muddamal by drawing a panchnama. P.S.I. Mr. Chauhan seized muddamal currency note of Rs. 500/= denomination after searching house of accused Jashubhai Kuberbhai. Whereas, P.S.I. Sukhdevsinh Zala searched house of accused Kamlesh Jethalal. Mr. Chauhan drew a search panchnama of the house belonging to Ratibhai Dayabhai. In this manner, the house of accused persons were searched and as fake currency notes were found and the same were seized. The bills of Sankalp Hospital and Umiya Medical were seized. The statements of three witnesses were recorded u/S. 164 of CrPC before Chief Judicial Magistrate in this case. A police "yaadi" was sent to add Section 34 of IPC in the FIR. The abstracts of register of Shital Hotel was seized. As involvement of other accused persons was also revealed at the end of investigation and sufficient evidence was found against all the accused persons, accordingly the Investigating Officer filed charge sheets in the Court.