SUKHAVASI SIVAIAH Vs. STATE

JUDGEMENT

(1.) THIS Revision Case has been filed against the judgment, dated 06-01-2004 in Crl. A. No. 288 of 2003 on the file of the VI Additional Sessions Judge (Fast track Court), Guntur, whereby and whereunder the Judgment, dated 11-07-2003 in s. C. No. 656 of 2002 on the file of the Principal Assistant Sessions Judge, guntur, convicting the petitioner for the offence under Section 489-C of IPC and sentencing him to undergo rigorous imprisonment for a period of two years, has been confirmed.

(2.) THE prosecution case can be stated briefly as follows: For the sake of convenience, the petitioner will be referred to as A-2 as referred by the trial court. A-1 and A-2 are friends. On 25-06-2002 at about 7-00 PM, A-1 went to Sri Hanuman meals and Tiffin Hotel, RTC Bus stand, Guntur, and gave one fake currency note of Rs. 100/- to PW-1 (M. Venkata Krishna), who was working as Cashier in the said hotel and asked him to give a meals parcel. PW-1 suspected the genuineness of the said currency note and with the assistance of PW-2 (M. Sreenivasarao) who was also working in the said hotel, took A-1 to the Law and Order Police station, Old Guntur, and presented a report under Ex. P-1 to PW-6 (M. Sundara rao), the Sub-Inspector of Police, along with the accused and fake currency note. Basing on the same, PW-6 registered a case in Crime No. 127 of 2002 for the offences punishable under Sections 489 (b) and (c) and issued Ex. P-11, FIR, which was submitted to the Court. He arrested A-1 at about 8-30 PM, proceeded to the scene of offence along with the mediators i. e. , PW-4 (N. Sanni Babu) and pw-5 (S. Prasad) and interrogated A-1 in their presence and recorded his statement. A-1 produced three Rs. 100/- fake currency notes under M. Os. 2 to 4, which were ceased under a cover of panchanama. Then PW-6 examined PWs. 1 and 2 and one E. Ramakrishna, recorded their statements and prepared rough sketch of the scene of offence. It is the further case of PW-6 that A-1 lead PWs. 4 and 5, his staff and him to Gunturvari Thota, 7th line, where A-2 was residing in a rented house which belongs to PW-3. On seeing PW-6, A-2 tried to run away, but they surrounded A-2 and caught hold of him. PW-6 interrogated A-2 in the presence of PWs. 4 and 5 and recorded his statement. A-2 produced four Rs. 100/-fake currency notes bearing Nos. ONP 374445, ONP 374465, ONP 374672 and ONP 374673, which were marked as M. Os. 5 to 8. He ceased the cash of Rs. 3,580/- from a-2 under M. O. 9 and the case of the prosecution is that A-2 got this cash by exchanging fake currency notes. A-2 was arrested under Ex. P-14, cover of mahazar. Subsequently, A-3 was arrested and one fake currency note was seized from him. All the fake currency notes were sent to the Assistant Director of fsl, Hyderabd for analysis and report. As PW-6 was transferred, his successor, filed the charge sheet after receiving Ex. P-17, report from FSL.

(3.) PW-2 was also working in the same hotel in which PW-1 was working. According to him, he came to know that their manager Ramakrishna caught A-1 and fake currency note of Rs. 100/ -. PW-3 used to give rooms on rent in the ground floor as well as the first floor of the said hotel. PWs. 4 and 5 are the mediators.