STATE OF MYSORE Vs. STHAPATHI NATARAJAN

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of respondents (Accused 1 to 4 in the trial Court) of the offences under Ss.489A, 489B & 489C read with S.120B IPC. A-1 was a resident of Uttarakosamangai in Ramnad District, A-2 was a resident of Velur Satrapatti in Dindigai Taluk, and A-3 was a resident of Salem all belonging to Tamil Nadu. A-4 was a Matadipathi of Kudali Sringeri Mutt, in the District of Shimoga- After the appeal was filed, the learned State Public Prosecutor submitted, the 4th respondent died. Therefore, we are not concerned in this appeal with the case against A-4.

(2.) The case for the prosecution, briefly stated is that between 21-3- 1965 and 22-2-1966 all the four accused entered into a criminal conspiracy to counterfeit currency notes of the denomination of Rs.10 and for that purpose they adopted various means and in fact ultimately they counterfeited large number of currency notes of the denomination of Rs.10. Under these circumstances, the prosecution alleged that they had committed offences under Ss.120B. 489A, 489B and 489C IPC. All these four accused were tried by the First Additional Sessions Judge, Bangalore, who, by his judgment dated 31-3-1969, acquitted all of them holding that the prosecution had failed to prove the charge of conspiracy, much less the charges under Ss.489A, 489B and 489C IPC.

(3.) As regards the case against the accused that they conspired, during the period stated above, to counterfeit currency notes of the denomination of Rs.10 the only evidence placed on record is that of PWs.10, 11, 12, 15, 16 and 17. All these witnesses no doubt have stated the various parts taken by each of the accused in order to achieve their object. The learned Sessions Judge, after scrutinising the evidence carefully, was of the view that they were accomplices and in the absence of any independent corroboration to support their version, it was not desirable to rely upon the testimony of the accomplices and in that view he disbelieved all these witnesses. We have gone through the evidence of these witnesses and we have no doubt that the conclusion reached by the learned Sessions Judge is based upon proper appreciation of evidence and the law on the point.