ABDUL FAKIRSAHEB MAMTULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order dated 17th November, 1986 passed by the learned Sessions Judge, Ratnagiri, in Sessions Case No. 33 of 1986, thereby convicting the appellant (original accused) for the offences punishable under sections 489-B and 489-C and 420 of the Indian Penal Code and sentencing the appellant to undergo rigorous imprisonment for seven years each for the offences punishable under sections 489-B and 489-C and three years for the offence punishable under section 420 of the Indian Penal Code.

(2.) THE facts leading to the filing of this appeal, briefly stated, are as follows:

(3.) SINCE the offences punishable under sections 489-B and 489-C of the Indian Penal Code were and are exclusively triable by the Court of Sessions, the case came to be committed to the Sessions Judge, Ratnagiri. Only the appellant was tried, as his brother, the absconding accused, was not traceable. When the charge was read over and explained to the appellant, he pleaded not guilty to the charges. The defence of the appellant/accused in his examination under section 313 of the Code of Criminal Procedure was that his brother Abdul Rehiman Mamtule, i. e. the absconding accused, served in Quait; that his brother was interested in constructing his own house; that his brother had handed over a sum of Rs. 30,000/- to the appellant for construction of his brothers house. The appellant finally stated in his examination under section 313 of the Code of Criminal Procedure that he had been spending money from the amount given to him by his brother, and paid the amount to different persons, and that he had no knowledge that the currency notes were fake/counterfeit notes.