JUDGMENT :

HASMUKH D. SUTHAR, J.

1. By way of present acquittal appeal, the appellant-State, under Section 378 of the CRIMINAL PROCEDURE CODE , 1973, has assailed the judgment and order of acquittal dated 09.01.1998, recorded by the learned Additional Sessions Judge, Kutch-Bhuj in Sessions Case No. 80 of 1992 wherein the learned Judge has acquitting the accused for the offences punishable under Sections 489(A), (B), (C) and (D), 34, 171 read with Section 114 of the INDIAN PENAL CODE .

2. During the pendency of the appeal, accused Nos. 2 and 3 expired. Hence, the appeal stands disposed of as abated qua the accused Nos. 2 and 3.

3. It is the case of the prosecution that on June 8, 1992, at around 8:30 a.m, an intelligence report was received by PSI, Mr. R.G. Rathod of Kutch-Bhuj, that accused No. 1 had fake US Dollar and Indian Currency Notes. Therefore, a