Telangana High Court
Gulvi Laxmaiah vs The State Of A.P. on 29 July, 2022
Bench: K.Surender
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL Nos.376 & 390 OF 2009
COMMON JUDGMENT:
1.
Since the appellants in both the appeals are Accused in
the same case arising out of judgment in S.C.No.152 of 2008,
dated 01.04.2009 passed by the III Additional Metropolitan
Sessions Judge, Hyderabad, they are being heard together and
disposed off by way of this Common Judgment.
2. The appellant/A2 filed Criminal Appeal No.376 of 2009
and the appellant/A1 filed Criminal Appeal No.390 of 2009.
Both the appellants are convicted for the offences under
Section 489-C of IPC and sentenced to undergo rigorous
imprisonment for a period of seven years each and to pay fine
of Rs.10,000/- each and in default of payment, to suffer
simple imprisonment for a period of six months.
3. The case of the prosecution is that P.Ws.2 and 4 caught
A1 and A2 moving under suspicious circumstances and found
bundle of notes with them. On verifying the notes, they found
that several notes were with the same number. Suspecting
that they were fake, the currency was seized and confessional
statements were also recorded. They were taken to the police
station and Ex.P12 report was given by P.W.2-Sub Inspector of
Police. During the course of investigation, notes were found to
be printed by A3 to A6 and A9, accordingly the police
apprehended the accused A3 to A7 and also seized MOs.3 to
19 in proof of A3 to A6 and A8 printing fake currency.
4. After investigation, A1 to A8 were charged for the offences
punishable under Sections 489-A, 489-B, 489-C, 489-D, 489-
E(1) of IPC. On completion of trial, A3 to A6 and A8 are found
not guilty for the said offences and they were acquitted of all
the charges. However, believing the evidence of P.Ws.2 and 4
that fake currency was seized from the appellants/A1 and A2,
conviction was recorded. A7 died during trial and the case was
abated.
5. Learned counsel for the appellants would submit that all
the witnesses turned hostile to the prosecution case and it is
only the evidence of P.Ws.2 and 4, who are police officers,
whose evidence is made basis to convict the appellants.
Further, the notes seized from the appellants were not sent to
FSL to determine the genuineness or otherwise of the notes.
Further, the learned counsel for the appellants submits that
when the seizure itself is denied, it is for the prosecution to
prove that the said notes M.Os.1 and 2 were seized from the
possession of the appellants/ A1 and A2.
6. On the other hand, learned Public Prosecutor submits
that M.Os.1 and 2 were seized from the possession of these
appellants and only for the reason of P.Ws.2 and 4 being
police officers, their evidence cannot be discarded. Once the
evidence is found to be true, the conviction can be based on
the evidence of the police officers.
7. Perused the record. Ex.P18 is the FSL report, to which
several series numbers of notes were sent for the purpose of
knowing the genuineness or otherwise of the currency notes.
However, notes seized from A1 and A2, according to Ex.P12
are 3 LKJ series with number starting with 6. As seen from
Ex.P18, there are no notes which are sent with serial 3LKJ
and numbers starting with 6. The panchanama witnesses to
the alleged seizure turned hostile and no signatures of the
appellants are taken on the notes seized from them. In the
said circumstances the very seizure of notes becomes
doubtful.
8. Learned Sessions Judge, having given benefit of doubt to
A3 to A6 and A8 from whom MOs.3 to 18 were seized, which
were used for printing, apparently committed an error in
convicting these appellants solely on the basis of evidence of
P.Ws.2 and 4.
9. Since there are no independent witnesses and no
signatures are found on the MOs.1 and 2 alleged to have been
seized, to infer that they were seized from the possession of
appellants and also for the reason of the seized notes Mos.1
and 2 not being sent to the FSL for the purpose of knowing
their genuinity, the benefit of doubt has to be extended to
these appellants. Further there is no corroboration to the
evidence of PW2 and 4 either documentary or oral except their
statement.
10. In the said circumstances, the judgment of the trial
Court in SC.No.152 of 2008, dated 01.04.2009 is set aside and
the appellants 1 and 2 are acquitted. Since the appellants are
on bail, their bail bonds stand cancelled.
11. Accordingly, the Criminal Appeal is allowed. As a sequel
thereto, miscellaneous petitions, if any, pending, shall stands
closed.
__________________
K.SURENDER, J
Date:29.07.2022
kvs
HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL Nos.376 & 390 OF 2009
Date: 29.07.2022.
kvs
