ASHOK BABURAO SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 24-6-1991 passed by the Additional Sessions Judge, Buldana is Sessions trial No. 27 of 1991 whereby the learned Additional Sessions Judge convicted the appellant for the offence punishable under section 489-B of the indian Penal Code and sentenced him to suffer rigorous imprisonment for seven years and to pay fine of Rs. 500/-, in default, to suffer further rigorous imprisonment for one year.

(2.) IT is alleged that on 17-11-1990 at about 10. 15 am the applicant went to the Petrol Pump of the complainant and sought to purchase 5 litres of petrol. He tendered currency note in the denomination of rupees hundred. The said currency note was bearing no number and it wasf therefore, closely examined by the complainant with the help of one Shri Bhalerao, Naib Tahshdar who was present at the Petrol Pump for official purpose. It was found that the currency note in question had no number at the corners and that pieces of currency notes had been joined together and pasted. The appellant was question about the source of the currency note in question. He disclosed that the said currency notes was given to him by his employer, Karim Bhangarwala to purchase 5 litres of petrol. Complaint was registered; accused/appellant was arrested and eventually he came to be tried for the offence punishable under section 489-B of the Indian Penal Code.

(3.) THE learned Additional Sessions Judge tried the appellant who had pleaded not guilty. During trial, evidence of the complainant was recorded along with the evidence of Investigating Officer and other witnesses. The currency note in question and its photographs were placed on record. Relying on the evidence- both oral and documentary, and the report of the Technical officer of Bank Note Press, Devas, the learned trial Judge held that the currency note in the denomiation of rupees hundred tendered by the appellant was forged and counterfiet and on conviction, sentenced him for the offence punishable under section 489-B of Indian Penal Code, as aforesaid.