BADHAVATH BHAGWAN NAIK Vs. STATE

JUDGEMENT

(1.) The appellant/accused was convicted by the lower Court under Sections 489- B and 489-C IPC and was sentenced to rigorous imprisonment of five years and fine of Rs.100/- on each count separately. Questioning the same, the accused filed this appeal.

(2.) It is alleged that the accused approached PW.1's push cart near Secunderabad railway station on 08.04.2005 at about 5.00 P.M. and purchased grapes and gave a currency note of Rs.100/- which was found to be fake by PW.1. Thereupon, PWs. 1 and 2 and others caught hold of the accused who had torn M.O.3 - Rs.100/- fake currency note, and also found the accused possessing M.O.1 fake currency note of Rs.500/- and M.O.2 consisting of 14 currency notes of Rs.100/- each and took him to Gopalapuram Police Station and handed over the accused and MOs.1 to 3 to the police. Plea of the accused is one of total denial and not guilty. Though the lower Court tried the accused for offences under Sections 489-A, B, C and D IPC, the accused was found not guilty under Sections 489-A and 489-D IPC and was found guilty under Sections 489-B and 489-C IPC. Insofar as acquittal of the accused under Sections 489-A and 489-D IPC is concerned, there is no appeal by the prosecution. Therefore, I do not propose to consider that part of the prosecution evidence in this appeal.

(3.) It is contended by the appellant's counsel that PWs. 1, 2 and 5 turned hostile to the prosecution and that there is no acceptable evidence except that of the Police Officer in support of the prosecution case and that therefore the lower Court should have acquitted the accused of all charges.