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9. It was after the completion of the investigation, final report came to be filed against the accused and two others for the offences punishable under Sections 489B and 489C and 120B of IPC. Two other persons came to be added as accused, as the accused has stated that two other persons gave the packet to him without giving any details.

10. The learned trial Judge after hearing the accused found that there were grounds to frame charge against the accused under Sections 120B r/w 34 IPC and under Sections 489B and 489C IPC. Accused pleaded not guilty and the case came to be tried.

26. PW14-M.C.Bylappa is the Deputy General Manager and HOD Bank Note Press, Devas, Madhya Pradesh. He deposes for having examined the currency notes and giving report regarding the fake nature of currency notes.

27. The learned trial Judge on the basis of the aforesaid oral and documentary evidence, acquitted the accused for the offence punishable under Section 120 read with Section 34 IPC and convicted him under section 489B and 489C IPC and sentenced him as mentioned above.

66. In the overall circumstances, the learned trial Judge has found the accused guilty of offences punishable under Section 489B and 489C of IPC and sentenced him to undergo rigorous imprisonment for a period of five years and to pay fine of `5,000/- for the offence punishable under Section 489B of IPC. In default of payment of fine to undergo simple imprisonment for a period of six months and to undergo rigorous imprisonment for a period of three years and to pay fine of `5,000/- for the offence punishable under Section 489C of IPC. In default of payment of fine to undergo simple imprisonment for a period of six months. Trial Judge ordered that both the sentences shall run concurrently.

Appeal is partly allowed. Judgment dated 30.07.2010 passed in S.C.No.42/2008 by the II Additional Sessions Judge, D.K., Mangaluru, convicting the accused for the offence punishable under Section 489B and 489C of IPC is hereby confirmed. However, sentence is altered to reduce the imprisonment for the offence punishable under Section 489B from five years to four years and sentence is confirmed for the offence punishable under Section 489C of IPC.

Sd/-