IBRAHIM Vs. STATE

JUDGEMENT

(1.) These two appeals (Criminal Appeals Nos. 80-D and 85-D of 1962) are being disposed of together because they arise out of the same trial and have, therefore, been disposed of by one order by the learned Additional Sessions Judge.

(2.) Four persons were initially proceeded against by the police under Sections 235, 240 and 243, Indian Penal Code. The learned Sub-Divisional Magistrate by his order dated 24-8-1961 discharged Sewa Singh and Lachhman Pershad for want of evidence, but committed Prem Chand, aged 32 years a tea-vendor of Jumna Bazar, Delhi and Ibrahim, aged 50 years, a mistri of Farash Khanna, Delhi, to stand their trial in the Court of the Sessions Judge. Prem Chand was tried on two charges:

(3.) According to the prosecution story, on 25-12-1959 at about 6 P. M., Bakshi Isher Dass, who was at that time attached to the Police Station, Lahori Gate as Sub-Inspector was, while on patrol duty in Khari Baoli, area, informed Charan Dass. A. S. I.. that someone was trying to deliver false four anna pieces in Naya Bans. A raiding party was immediately organised which included Harish Chander P. W. 1 and Puran Chand P. W. 10. Partap Singh and Chuni Lal, Assistant Sub-Inspectors, also joined this party. They reached Naya Bans and at the pointing out of the informant, Sub-Inspector Isher Dass apprehended Prem Chand accused with a bicycle in his hand. Some bidi bundles were tied on the carrier of the bicycle and a bag was haging on the bicycle's handle. On the search of the person of Prem Chand 85 pieces of counterfeit 25 np. coins of 1957 were recovered from a pocket of his shirt. These were formed into a sealed packet and taken into possession. From the other pocket of his shirt, some currency notes and Lose change were recovered. These articles were also seized by the police. On interrogation, Prem Chand disclosed the name of Sewa Singh, whose workshop in Krishan Nagar, Delhi-Shahdara was searched but nothing incriminating was found there. Sewa Singh, after being taken into custody, revealed the names of Lachhman Pershad and Ibrahim. On 29-12-1959, at about 2 P. M., Sub-Inspector Isher Dass organised a raiding party with Chum Lal A. S. I., Ramji Dass and Kanwal Nain as members thereof and they stood in front of Khanna restaurant in Lal Kuan Bazaar. When Ibrahim arrived there he was stopped. He was holding the bag Exhibit P. 1 and from this bag, underneath the vegetables, an oil cloth bag Exhibit P. 3 was found which contained five dies (Exhibits P. 5 to P. 9) and an iron ring. A pair of dies, according to the order of the Court below, was meant for manufacture of 8 anna coins and another pair for 4 anna coins of 1955, whereas the fifth die was meant for preparing the obverse side of 25np.. coins. The articles were taken into possession and put into a sealed parcel. \ Ibrahim's shop in Galli Qasim Jan was searched and from there the police recovered a punching machine Exhibit P. 14 fitted on a wooden plank Exhibit P. 15 and also the wrenches (P. 16 to P. 18). According to the opinion of the Mint Master, Calcutta, the 25np. coins numbering 85 taken from Prem Chand were counterfeit of Indian coins and the obverse die obtained from Ibrahim could be used for the manufacture with the aid of corresponding reverse die. It was on this material that the police challaned four persons and out of four, two were discharged and two committed for trial in the Sessions Court