(1.) The appellant original accused (hereinafter referred to as "accused") was tried for allegedly committing offences punishable under Sections 489B and 489C, read with Section 34 of the Indian Penal Code, along with some absconding accused.
(2.) The prosecution had come with a case, that PSI Suresh Bhale of City Chowk Police Station, Aurangabad, was informed by one Police Head Constable Mundhe, at about 19.30 hours on 23.10.2011, that a person is trying to bring a fake currency note into circulation at Kumbharwada Bazar Peth. It was also informed that, that person has been taken in custody. Therefore, PSI Bhale along with Mundhe and other Police officers went to Kumbharwada Bazar Peth. They met Sachin Balaprasad Chandak, who was the owner of A.K. Plastic shop. The person was handed over by said Sachin Chandak to PSI Suresh Bhale. It was disclosed to the informant, that the said person has purchased material by giving fake currency notes. Thereupon, the informant had asked the name of the person. The said person gave his name as Shaikh Nazir Shaikh Failu. He also gave his age and that he is from Jharkhand State, however, presently residing at Chitegaon, Taluka Paithan, District Aurangabad. Two panchas were called and search on the person of the accused was taken. They found one currency note bearing no. 4AL178673 of denomination of Rs. 1000/ in the pocket of the pant of the accused and the said currency note was almost similar to a real currency note. It was then asked to the accused, as to who was along with him. He told that one person was along with him, but he has ran away. His name and address was not disclosed by the accused. It was also disclosed that he had purchased cutlery articles from Sanjay Sangewar. Therefore, informant, panchas and accused went to Sanjay Sangewar's shop. Sanjay Sangewar produced a counterfeit currency note bearing no. 4AL178678. Thereafter, it was informed that the said person had also purchased articles from H.K. Plastic shop belonging to Sachin Chandak. Sachin Chandak produced currency note bearing no. 4AL178639 which was similarly appearing with the real currency note. All these currency notes were seized under the panchanama. Those currency notes were checked at Shraddha Gown House where machine to detect counterfeit note was available. It was confirmed that those currency notes were counterfeit and, therefore, accused was arrested at that place. All the police officers and the accused came back to the police station and thereafter informant lodged the first information report.
(3.) On the basis of said first information report, offence vide Crime No. I306/2011 came to be registered. The investigation was undertaken. Statements of witnesses were recorded. The seized currency notes were sent to mint for ascertaining truthfulness. When the accused was in the custody of police, he gave statement and showed willingness that he has some more fake notes and he would produce them. He then also disclosed the name of other person as Shaikh Wahab Shaikh Salman who was cousin brother of the accused. Accused then took panchas and police to the place where he was residing. There was a black raxine bag in the said room. After opening the said bag, 18 currency notes of denomination of Rs. 1000/ were found. All those currency notes were taken in custody and then checked on the machine. It was found that out of those currency notes, 17 were real. Only one currency note bearing no. 4AL178643 was fake. Panchanama to that effect was executed. Other articles were also seized at that time. After completion of the investigation, chargesheet was filed.