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2014 Supreme(AP) 358

HIGH COURT OF ANDHRA PRADESH
S. RAVI KUMAR, J.
Gandumenu Siva & Others
Versus
The State of Andhra Pradesh, represented by its Public Prosecutor
Criminal Revision Case Nos. 1751 of 2006, 1753 of 2006, 1754 of 2006 & 1755 of 2006
Decided On: 12-03-2014

Advocates Appeared:
For the Petitioners:T.S.N. Murthy, D. Sangeetha Reddy, N. Siva Reddy, Advocates.
For the Respondent: Public Prosecutor.

Courts below have rightly appreciated evidence on record.

Headnote:Code of Criminal Procedure 1973-Section 397-Revision-Against the order of dismissal of appeals filed against the order of conviction for the offence u/s 489-C I.P.C.-Revision petitioners have been convicted for possessing counterfeit currency note-Trial court on the evidence that accused were in possession of currency notes, knowing it to be fake currency passed order of conviction-Held, there is nothing wrong in convicting the revision petitioners in the offence u/s 489-C I.P.C.

       Result-Criminal Revising dismissed.

       

Judgment :

1. These revisions are preferred against judgment dated 24-10-2006 in Criminal Appeal Nos.119 of 2006, 123 of 2006, 140 of 2006 and 154 of 2006 on the file of VIII Additional District and Sessions Judge, East Godavari at Rajahmundry whereunder judgment dated 17-5-2006 in S.C.No.8 of 2006 on the file of I Additional Assistant Sessions Judge, Rajahmundry, is confirmed.

2. Brief facts leading to this revision are as follows:

Sub-Inspector of Police, II Town CCS, Rajahmundry filed Charge Sheet against the revision petitioners and another for offences under Sections 489-B, 489-C, 489-D and 120-B I.P.C. alleging that on 1-4-2000, P.W.4 the then Inspector of CCS, Rajahmundry Town on credible information arrested A.1 at Ambika cool drink shop at about 5 P.M., in the presence of mediators Bhavaraju Sulbbarao (P.W.3) and Patnala Subbarao under suspicious circumstances and seized 3,100 counterfeit currency notes from his possession under the cover of a mediator report. On the confession made by A.1, Inspector of Police, CCS with his staff and mediators proceeded to Modern Rice Mill in Kondaguntur village of Rajanagaram and arrested A.2 to A.7 at about 6-30 P.M., and seized 297 counterfeit currency notes from A.2, 200 counterfeit currency notes from A.3, 400 counterfeit currency notes from A.4, 400 counterfeit currency notes from of A.5, 100 counterfeit currency notes from A.6 and 100 counterfeit currency notes from A.7 under the cover of a mediator’s report. On the confession of A.5, Inspector of Police CCS, proceeded to the house of Chitturi Ramakrishna in Venkatanarayanapuram street of Tanuku and from that house, seized 400 counterfeit currency notes, computer, scanner, key board, mouse, mouse pad, two speakers, one CPU and two flopies which were produced by A.5 under the cover of a mediator’s report at about 10 P.M., on the same day. Basing on these three mediators reports, crime No.40 of 2000 was registered under Section 489-B, 489-C, 498-D and 120-B I.P.C. On 15-4-2000, at about 5.30 P.M., Inspector of Police CCS, Rajahmundry arrested A.8 and A.9 at the reception counter of Uma Shankar Lodge at Syamala centre, Rajahmundry in the presence of mediators and seized 1000 counterfeit currency notes from A.8 and 200 counterfeit currency notes from A.9 under the cover of a mediator’s report. Subsequently, 10 counterfeit currency notes out of seized currency notes were sent to F.S.L. Hyderabad for examination and F.S.L. after examining them issued a report stating that those notes are fake notes, thus investigation revealed that all the accused are indulged in preparation and circulation of fake currency notes and they are liable for punishment. On behalf of prosecution, P.Ws.1 to 4 are examined and documents Exs.P.1 to P.10 besides material objects 1 to 18 are marked. No witness is examined and no document is marked on behalf of accused. On an overall consideration of oral and documentary evidence, trial court found all the nine accused guilty for the offence under Section 489-C and found them not guilty for the other offences under Sections 489-B and 120-B I.P.C. and A.5 was found not guilty for the offence under Section 489-D I.P.C. Trial court sentenced all the accused with rigorous imprisonment of one year and fine of Rs.500/- each, for the offence under Section 489-C I.P.C. Aggrieved by the conviction and sentence, A.4 preferred Criminal Appeal No.119 of 2006, A.6 preferred Criminal Appeal No.123 of 2006, A.1 to A.3, A.5 and A.9 preferred Criminal Appeal No.140 of 2006 and A.7 preferred Criminal Appeal No.154 of 2006. Learned VIII Additional District and Sessions Judge, East Godavari at Rajahmundry tried these appeals jointly and by a common judgment dated 24-10-2006 dismissed all the appeals confirming conviction and sentence of the trial court. Aggrieved by the dismissal of the appeals, A.1, A.2, A.3 and A.5 preferred Criminal Revision Case No.1751 of 2006, A.4 preferred Criminal Revision Case No.1753 of 2006, A.7 preferr

























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