CHACKO THOMAS Vs. STATE

JUDGEMENT

(1.) THESE appeals are presented on behalf of the 1st, 3rd and 4th accused in Sessions Case No. 25 of 1950 on the file of the Sessions Court of Quilon. They were tried for offences under Sections 492 (a) and (b) read with Sections 28 or 99 and 514 of the Travancore Penal Code. The learned Judge convicted the first accused under Section 492 (a) read with Section 99 and sentenced him to rigorous imprisonment for five years and to pay m fine of Rs. 1000/ -. In default of payment of fine he is to undergo rigorous imprisonment for a farther period of six months. Accused 3 and 4 were convicted under Section 492 (a) of the Travancore Penal Code and sentenced to undergo rigorous imprisonment for five years. The second accused who was granted a conditional pardon was examined as an approver. The 5th accused was acquitted.

(2.) THE case for the prosecution is briefly summarised in the judgment of the learned trial Judge who has also reviewed the evidence in a fair and impartial manner. He states in the beginning of his judgment that the counterfeiting of the currency notes is alleged to have taken place in a new house which was built by the flirt accused at Alencheri in Anchal Pakuthy, Pathanapuram Taluk. The 1st accused was also charred with having uttered some of these notes by circulating them at Permade, Ambalapuzha and Alleppey and trying to pass one of these notes also at Pathanapuram market in Chingom 1123 about the time of the Onam Festival. The offence of counterfeiting currency notes of the denomination of Rs. 10/- took place in 1122. The, delay in starting the prosecution was because for a long time the crime remained undetected, it was only when the third accused happened to be arrested in connection with another offence that the police succeeded in discovering the nefarious activities of these accused persons who were tried in the Court below. The third and 4th accused had made certain confessions. The 4th accused confesses soon after his arrest. The 3rd accused made a confession when he was arrested in connection with another crime. This confession has been marked as Ex. AB. In the course of the enquiry Bava Joseph, the 2nd accused was granted a conditional pardon by the District Magistrate on 24. 4. 1950 the condition being that he should make a true and full disclosure of all circumstances connected with the crime of which he was aware. He was examined as P. W. 17.

(3.) IN paragraph 2 of his Judgment the learned trial judge gives a summary of the prosecution case. Towards the end of Mithunam 1122 the 1st accused accompanied by the 4th accused went to the house of the approver who has been examined as P. W. 17 at the trial and started negotiations for the purchase from F. W. 17 of a hand-press which has been marked as M. O. 1 and certain blocks which have been marked as M. O. 11 for the purpose of counterfeiting Rs. 10/-Ourrency Notes. The first accused paid part of the consideration to P. W. 17 and arranged with him that he should get ready all the necessary accessories for carrying out their scheme. After a week, the 1st accused came back accompanied by the 5th accused and took delivery of the hand press blocks and accessories. P. W. 17 went with these two people to Changanessery which they reached at about midnight. Prom there the 1st accused made P. W. 17 fetch the 4th accused and all of them then proceeded to the 1st accused's house at Anchal. In one of the rooms in that house described as the southern room 500/currency Notes of Rs. 10/-each were then manufactured by the 4th accused. , P. W. 17 the approver assisting him in the process. These persons were, however not satisfied with the appearance of these 500 Currency Notes. They thought that the resemblance of these notes to the genuine notes was not sufficiently good and, therefore they destroyed all these notes accept M. O. IX which P. W. 17 had retained and sent away the 4th accused who was found to be not quite a success in executing the work that they had in mind. The following day P. W. 17 went to Kottayam and saw the 3rd accused who was considered to be a better workman. The 3rd accused was persuaded to agree to do the job for the 1st accused and he was taken by P W. 17 to the house of the 1st accused at Anchal. On their way they Halted for the night at the house of the 5th accused at Kottakakara. The next morning P. W. 17 accompanied by the 3rd and 5th accused proceeded to the residence of the 1st accused at Anchal. They were met by the 1st accused at a Junction near his residence. He treated them to tea in the teashop of P. W. 4 and took them to his house. There the 3rd accused was made to manufacture 1000 counterfeit currency notes of the value of Rs. 10/- each. This was done at the instance of the 1st accused. This time the efforts of the gang were considered satisfactory, with the result that they put the counterfeit notes into circulation at Peermede, Ambalapuzha and certain other places. One was discovered at the Ambalapuzha Sub-Treasury. The Treasury Officer forwarded it to the Police Station for investigation. Another was uttered at Alleppey and this led to the starting of another criminal prosecution. 166 notes were delivered at Peermade Station by the Manager and also a clerk employed in one of the estate in that locality and also by the Agent of a Bank in Vandiperiyar. These formed the subject-matter of another prosecution. At about Onam day in 1123 the 1st accused is alleged to have tried to palm off one of these notes to P. W. 11 at Pathanamthitta Market but he did not succeed. At the trial all the accused pleaded that they were not guilty.