SHAHID SULTAN KHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant, who was the original accused No.1, has challenged the judgment and order of the adhoc Additional District and Sessions Judge, Thane. He has been convicted under section 232 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He has also been convicted under section 235 of the Indian Penal Code and sentenced to suffer imprisonment for 10 years. In addition, a fine of Rs.50,000/- has been imposed on each count on the appellant.

(2.) The case of the prosecution is that the Thane Crime Branch was informed on 1.5.2001 that illegal manufacturing of Indian coins was being carried out in Kaniz Apartment in Mumbra. The premises were raided and the appellant and the original accused No.2 were found in the premises on that day. According to the prosecution, they were in the process of manufacturing counterfeit coins of the denomination of Rs.5/-. The equipment and machinery which was allegedly being used for counterfeiting the coins was seized from the flat. The coins found in the flat were also seized. The raw material which was in a molten state in a vessel on the stove was also seized. A panchanama was drawn up and both the accused were taken to the police station where a complaint was lodged. The seized equipment was taken to the police station from the flat. Further investigations were carried out. According to the prosecution, the accused demonstrated the process which they used for making the coins. Besides the two accused who were charged, two other persons who were similarly charged have been discharged by the trial Court. The trial Court on an appreciation of evidence led before it, has concluded that both the accused were guilty of the offences for which they were charged. The present appeal has been filed only by accused No.1.

(3.) The prosecution has examined 12 witnesses in support of its case against the accused. PW3, 5 and 10 are the police officers involved with the seizure of the equipment and coins from the flat in Kaniz Apartment. PW3 is the complainant. PW6 is the panch witness to the seizure panchanama which is at Exhibit 25. On 3.5.2001, the prosecution directed the accused to demonstrate the process used by them for making the coins. The panchanama of this demonstration has been proved by PW1 who was a panch witness. PW2, who was also a panch witness has turned hostile. PW4 is also a panch witness who has deposed regarding the demonstration for making counterfeit coins. He has proved the panchanama at Exhibit 11. PW7 and PW8 are the neighbours residing in the flats adjacent to the one where the accused were allegedly manufacturing coins. PW9, a dealer of chemicals for electroplating has deposed about the purchases made by accused No.2 from him. He has not mentioned anything about accused No.1, the present appellant. PW11 and PW12 are the witnesses in respect of the role played by accused Nos.3 and 4 who have been discharged by the trial Court.