RAJENDRA Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal takes exception to the judgment dated 30th September, 2012 passed in Sessions Case No. 69 of 2012 whereby, appellants came to be convicted for offence punishable under Section 489B of Indian Penal Code sentencing to suffer R.I. for five years and pay fine of Rs. 5,000/- in default, to suffer S.I. for three months. The appellants are further convicted for offence punishable under Section 489C of Indian Penal Code and are sentenced to suffer R.I. for three years and pay fine of Rs. 3,000/- in default, to suffer R.I. for two months. Prosecution case, briefly, can be stated as follows:--

(2.) On the following day, the police sent the currency notes to the Branch Manager of State Bank of India, Sangamner branch, for its verification. Accordingly, report was received from the Branch Manager confirming the fact that the notes sent for verification, were duplicate notes. Thereafter, on the basis of complaint Exhibit 54, offence came to be registered against the appellants vide Crime No. I-103 of 2012 for offence punishable under Sections 489B, 489C, 420, 120-B read with Section 34 of Indian Penal Code and was investigated by PW 6 Salunkhe, P.S.I.

(3.) It is the case of prosecution that during the course of investigation, appellant No. 1 - Rajendra was interrogated and at his instance, 65 other notes of Rs. 1,000/- each in denomination were discovered. All the currency notes seized as such, were further forwarded to Currency Note Press, Nashik Road, Nashik for its verification. The authorities of Currency Note Press, Nashik confirmed that the notes were duplicate. On completion of investigation, charge sheet came to be filed in the Court of learned Judicial Magistrate F.C., Sangamner.