ASHRU AND ORS. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is preferred challenging the judgment of conviction and sentence of the appellant dated 2 -1 -2010 in SC No. 106 of 2006 on the file of Fast Track Court, Puttur in Dakshina Kannada. The brief facts which gave rise to this appeal are as under:

(2.) P .W. 1 lodged a complaint as per Ex. P. 2 against all the three accused for the offences punishable under Sections 489 -B and 489 -C of Indian Penal Code, 1860. P.W. 9 -the PSI of the Uppinangady Police Station registered a case in Crime No. 40 of 2005 for the offence punishable under Sections 489 -B and 489 -C read with Section 34 of IPC. P.W. 9 upon further information from the accused already arrested, came to know that three other persons namely Mamu, U. Abbas and Kunhi alias Mohammad Kunhi were also involved in circulation of fake notes in different areas from whom accused 1 to 3 said to have obtained fake currency notes. Upon investigation, P.W. 9 filed charge -sheet against 6 accused persons for the aforesaid offences. It appears that during the pendency of the case, accused 5 -U. Abbas died. The case against accused 6 -Kunchi was split up. The charges were framed against accused 1 to 4.

(3.) THE defence of the accused was that of total denial and false implication. The learned Session Judge upon hearing the submissions made by both the learned Counsel appearing for the parties and on appreciation of the evidence, convicted the accused 1 to 3 for the offence punishable under Section 489 -C read with Section 34 of IPC, while acquitting the accused 4 Mamu by judgment dated 2 -1 -2010. Aggrieved by their conviction and sentence the accused 1 to 3 have preferred this appeal.