MUHAMMED KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) These two appeals are filed by accused Nos.1,3 and 4 in Sessions Case No.184 of 2005 on the files of the Additional Sessions Court, Kottayam. The appellant in Crl.Appeal No.211 of 2008 is the 3 rd accused and appellants in Crl.Appeal No.225/2008 are accused numbers 1 and 4 in the above case. The above case is charge sheeted against the appellants and 4 others alleging offences punishable under Sections 489B and 489C r/w Section 34 of the Indian Penal Code (IPC) by the Deputy Superintendent of Police, C.B.C.I.D., C.F.S., Ernakulam in Crime No.269 of 1998 of Pala Police Station. The appellants in Crl.Appeal No.225 of 2008 are the 2nd and 6th accused in the original charge sheet. The appellant in Crl.Appeal No.211 of 2008 is the 5 th accused in the original charge sheet. Since the original accused numbers 1 and 4 were absconding during the course of the committal proceedings, their case was re-filed and the case of the original accused Nos.2,3 and 5 to 7 are committed to the Sessions Court. Accused No.2,3, and 5 to 7 are arrayed as accused Nos.1 to 5 by the learned Additional Sessions Judge, Kottayam in S.C. No.184 of 2005. Pending trial, the original 3rd accused who is arrayed as 2nd accused in S.C. No.184 of 2005 died and his case was abated. Original accused Nos.2,5,6 and 7 faced trial before the lower court (hereinafter appellants are mentioned as per their rank in the original charge sheet).

(2.) To substantiate the case, the prosecution examined PWs.1 to 7. Exhibits P1 to P17 are the exhibits on the side of the prosecution. M.O. 1 to M.O.54 are the material objects marked in this case. After going through the evidence and documents, the trial court found that the 7th accused had not committed any offence and he was acquitted. A1 (original accused No.2), A3 (original accused No.5) and A4 (original accused No.6) were found guilty for the offences punishable under Sections 489B and 489C r/w. Section 34 of IPC. Accused Nos.2, 5 and 6 are sentenced to undergo rigorous imprisonment for 4 years and to pay a fine of Rs.1,000/- each under Section 489B IPC. In default of payment of fine, they are directed to undergo rigorous imprisonment for three months. For the offence under Section 489C, accused Nos.2,5 and 6 are sentenced to undergo rigorous imprisonment for three years.

(3.) The prosecution case in nutshell can be stated as follows: Accused in furtherance of their common intention possessed counterfeit currency notes having denomination of 100/- and forged Saudi Riyals having denomination of 500/- for the purpose of trafficking the same and they possessed it for the purpose of using it as genuine, knowing the same to be counterfeit and possessed the same intending to use the same as genuine. It is alleged that accused Nos.1 to 3 were found using M.O.1 counterfeit currency notes having denomination of Rs.100/- and M.O.2 to M.O.4 series forged Saudi Riyals having denomination of 500 as genuine on 05.06.1998 in room No.109 of River Palace Hotel situated at Pala and on the same day accused Nos. 4 to 6 found in possession of counterfeit currency notes and forged Saudi Riyals for the purpose of using it as genuine in room No.210 of K.N.S. Lodge at Attingal. PW5, the Sub Inspector of Police, Pala arrested accused Nos.1 to 3 from room No.109 of River Palace Hotel situated at Pala. PW3, the Circle Inspector of Police, Kaduthuruthy arrested accused Nos.4 to 6 from room No.210 of K.N.S. Lodge, Attingal. MO1 to M.O.4 are seized from room No.109 of River Palace hotel, Pala. M.O.8 series to M.O.17 and M.O.19 were seized from room No.210 of KNS lodge, Attingal from where accused Nos.4 to 6 are arrested. Accused No.7 was arrested on 08.06.1998 by the charge witness No.15 who is the Dy.S.P., C.B.C.I.D. PW5 registered the Crime and prepared F.I.R. PW6 conducted part investigation and PW7 verified the charge and submitted final report.