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1960 Supreme(SC) 123

A.K.SARKAR, SYED JAFAR IMAM
Bashirbhai Mohamedbhai – Appellant
Versus
State Of Bombay – Respondent


Advocates:
J.B.DADACHAN, M.K.RAMAMURTHY, R.Ganapathy Iyer, R.H.Dhebar, RAJINDAR NARAIN

Judgment

SARKAR, J. : The appellant and two others were convicted by a Magistrate under S. 420 read with Ss. 511 and 34 of the I. P. C., and each was sentenced to rigorous imprisonment for 12 months and a fine of Rs. 500 and in default of payment, a further period of imprisonment for four months. On appeal the accused persons were acquitted by a Sessions Judge. The State then appealed to the High Court at Bombay and the High Court set aside the order of acquittal and restored the order passed by the learned Magistrate. Accused No. 1 alone has appealed against the order of the High Court to this Court.

2. The three accused persons approached one Ramanlal and the third accused told Ramanlal that accused Nos. 1 and 2 were proficient in duplicating currency notes and they were prepared to do it for Ramanlal who should take advantage of the offer. The third accused then asked Ramanlal to think over the matter and promised to come again, Ramanlal later mentioned this matter to his friend Champaklal, the complainant and the two decided to tap the accused persons disbelieving their (professed) power to duplicate notes. The third accused again can as promised and met Ramanlal and Champaklal.








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