FERJALALI MUNLOJI ALI SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal takes exception to the judgment dated 28th October, 2013 passed by the learned Sessions Judge, Ahmednagar in Sessions Case No. 188 of 2013 convicting the Appellants for the offences punishable under Sections 489B read with Section 34 of the Indian Penal Code sentencing to undergo R.I. for five years each and to pay fine of Rs. 2,000/- each, in default, to suffer R.I. for six months. The Appellants are further convicted for the offence punishable under Section 489C read with Section 34 of the Indian Penal Code sentencing to undergo R.I. for five years each and to pay fine of Rs. 2,000/- each, in default, to further suffer R.I. for six months. Both the substantive sentences are directed to be run concurrently. Prosecution case can be briefly stated as under:

(2.) P.W.5 - Shivaji Santu Gaikwad, A.P.I., thus called two independent Panch witnesses including P.W.3 - Prakash Trimbak Tade and one Bandu Navnath Nilankar and in their presence, obtained personal search of the Appellants. When from the possession of Appellant No. 1, 37 numbers of currency notes of Rs. 1,000/- each in denomination and from the possession of Appellant No. 2, 4 currency notes of Rs. 500/- each in denomination came to be recovered and seized under the panchanama.

(3.) During the course of investigation, statements of Branch Manager of State Bank of India, Shrigonda Branch and others were recorded. It is further case of prosecution that on 1st May, 2013, P.W.2 Sunil Bharat Tade, on visiting Shrigonda Police Station, produced one currency note in the denomination of Rs. 1000/- bearing serial No. 6CH578430 and disclosed that said note was given to him by the Appellants in the weekly market towards price of mutton purchased by them on 29th April, 2013. Said currency note was also accordingly seized.