STATE OF GUJARAT Vs. MONAJI SOMTAJI THAKOR

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 10.12.2004 rendered by learned Additional Sessions Judge, Fast Track Court No.3, Gandhinagar in Sessions Case No.28 of 2004.

(2.) The short facts giving rise to the present appeal are that Monaji Somtaji Thakor, Rameshji Amaji Thakor and Shanaji Kacharaji Thakor were on duty as Home Guards in the month of August 1999 and while they were on duty during nocturnal hours nearby Prestige Hotel, Kalol Mehsana Highway, at that time, one unknown person dropped the bag which was taken by the aforesaid three persons and having opened it, it was found to be fake currency notes of Rs.9 lakhs which came to be equally divided amongst them. Thereafter, Monaji Somtaji Thakor handed over Rs.1,60,000/- out of his share of Rs.3 lakhs to his sister accused Gangaben for circulating the same in the market and while she circulated fake currency notes of Rs.1,29,600/- in denomination of Rs.100/-, the same were came to be recovered as muddamal. The accused in association with one another and knowing fully well that the aforesaid currency notes are fake, circulated the same in the market and thereby committed the offence under Sections 489(A)(B)(C) read with Section 114 of Indian Penal Code.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.