THOMMAN KUNJU NAINA Vs. STATE

JUDGEMENT

(1.) THOMMAN Kunju Naina, accused 3 in Sessions Case No. 7 of 1951 on the file of the Quilon Sessions Court, has preferred this appeal against his conviction and sentence by that Court. Together with four other persons he was tried by the Additional Sessions Judge, Quilon, for commission of various offences relating to counterfeit currency notes. There was also a charge against him that he had entered into a criminal conspiracy with accused 1 and 2 to manufacture and traffic in counterfeit currency notes, The learned Judge found the conspiracy charge not proved and acquitted accused 1 to 3 of that charge. Accused 4, Kurumpa Kochikka who was a kept mistress of accused 1 and was charged for being in possession of counterfeit currency notes and various implements to manufacture them was found not guilty and acquitted. The learned Judge, however, found that accused 1 to 3 and accused 5 were guilty of the various specific offences with which they are charged and they were accordingly convicted and sentenced to undergo various terms of imprisonment. There were three heads of charges against the appellant and they were (i) using as genuine forged or counterfeit currency notes (Section 492b, T. P. C.) (ii) possession of forged or counterfeit currency notes (Section 492d ). These form offences under Sections 489b, 489c and 489d, Indian Penal Code. The learned Judge found the appellant guilty on all these counts and sentenced him to undergo three years' rigorous imprisonment under each section with the direction that the sentences should run concurrently. In respect of the offence under Section 492d a fine of Rs. 500/-was also imposed upon the appellant and in default to pay the same he is to undergo rigorous imprisonment for a further period of six months. The appeal is from the above conviction and sentence.

(2.) THIS appeal was heard along with the appeals preferred by accused 1, 2 and 5. While reserving our judgment in this for this date, subject to a modification of the sentence passed against accused 2 all those appeals were dismissed the day after the hearing concluded.

(3.) THE appellant herein was represented by counsel and in view of the elaborate arguments addressed at the bar we thought it proper to take time to consider them.