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9 crappeal260-01 and ors.odt . PW 20 - PSI Nikam interrogated both accused nos.1 and 2. It was found that next of the accused i.e. accused no.3 - Shaikh Pasha, resident of Parali, was supplying the counterfeit currency notes to them. He was apprehended and he also made disclosure leading to recovery of five currency notes. Eventually, accused no.3 - Shaikh Pasha disclosed that accused no.4 - Shaikh Farooq would be arriving with the counterfeit currency notes.

11] On the basis of this material, following points arise for my determination :-

I] ig Whether the prosecution has proved that accused nos.1 and 2 in furtherance of their common intention, had trafficked two counterfeit currency notes in the denomination of Rs.50/- on 23rd September, 1997 at about 6:30 p.m. at Ambajogai, having reason to believe that those were the counterfeit currency notes?

IV] ig Whether the prosecution has further proved that accused no.10 has caused disappearance of evidence of performing the process in making the counterfeit currency notes of Rs.50/- ?

V] Whether the prosecution has further proved that accused nos.1 and 2, in furtherance of their common intention, have cheated complainant - Santosh Tolambe and PW 12 - Suryakant Nirmale by dishonestly tendering counterfeit currency note in the denomination of Rs.50/- inducing them to deliver the biscuits packet on the above date, time and place ?

. PW 1 - Sudhakar Gumte deposed that in his presence, search of accused nos.1 and 2 was taken at the bus stand and the counterfeit currency notes bearing the same number were recovered from them. The panchnama to this effect is proved at Exhibit 78. He was also witness to the seizure of the counterfeit currency notes from accused no.3 -