P. SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed by the first accused in SC No. 533/2004 on the file of Court of Session, Kasaragod. He stands convicted and sentenced for committing offence punishable u/s 489-B of Indian Penal Code (for short I.P.C.).

(2.) The prosecution case in short is that on 11/8/1999 at 6.00 p.m., PW1, Sub Inspector of police, Nileshwar, got a secret information and the same was recorded in the General Diary. Based on the same, he along with the police party proceeded to Sree Krishna Lottery Stall situated near Nileshwaram bus stand. PW2, salesman at Sree Krishna Lottery Stall, pointed out the appellant/accused No.1 to PW1. They took the appellant to a nearby police check post and on search by PW1 on the body of the appellant, seized 4 counterfeit currency notes of denomination of Rs.100/-. On questioning the appellant, he told him that those currency notes were given by the 2nd accused. PW1, then, arrested the appellant as per an arrest memo marked as Ext.P1. Thereafter, PW1 lodged the FIR, marked as Ext.P3. The appellant/accused was produced before the Court on the next day and he was remanded to judicial custody. On the basis of the said allegations, the prosecution was lodged against the appellant as well as the 2nd accused.

(3.) On receipt of summons, the appellant as well as 2nd accused appeared before the Court below. After hearing both sides, the charge was framed against the appellant and the 2nd accused for the offence punishable u/s 489-B r/w 34 of I.P.C. The charge was then read over and explained to both accused who pleaded not guilty.