STEPHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.7.2002 in S.C.No.278/97 of the court of II Additional Sessions Judge-Thiruvananthapuram, at the instance of the 3rd accused in the above Sessions court as he is convicted and sentenced for the offence under section 489(B) and (C ) of IPC.

(2.) The prosecution allegation is that, on 22.2.1991, the accused 3 in numbers were engaged in trafficking of counterfeit notes and in pursuant to their common intention, the 3rd accused handed over 34 counterfeit currency notes to the 2nd accused, who in turn handed over to the 1st accused and the 1st accused, out of the said fake notes, had handed over four counterfeit notes to Pws.2 and 3 and all the accused were involved in the trafficking with an intention to use the same as genuine and thus according to the prosecution, the accused has committed the offences punishable under Sections 489(B) and (C) r/w Section 34 of IPC. On getting information from PW1, PW8-the Sub Inspector of Police attached to Nedumangadu Police Station went to the cabin of the Medical Officer, Homeo Hospital, Karakulam and the police seized four currency notes as per the mahazar, in the presence of Pws.5 and 6. According to the police, on the basis of the revealment made by the accused, altogether 39 currency notes were seized by the local Police and thereafter, the investigation was undertaken by CBCID(CFS) Unit, Thiruvananthapuram. Thus on completing the investigation, finally a report was laid in the court of Judicial First Class Magistrate-II, Nedumangad, from where the case was committed to the Sessions court on 31.1.1997 as per the order of the learned Magistrate in C.P.No.29/96 and in the Sessions court, S.C.No.278/97 was instituted and subsequently, made over the case to the present court for trial and disposal.

(3.) When the accused appeared, after hearing the prosecution as well as the defence, the learned Judge framed a formal charge against the accused 3 in numbers for the offences punishable under Sections 489(B) and (C) r/w 34 of IPC. When the said charge read over and explained to the accused, they denied the same and pleaded not guilty and therefore the prosecution adduced its evidence by examining Pws.1 to 9 and producing Exts.P1 to P14 documents and also produced and identified M.O.1 series to M.O.6 series. From the side of the defence, DW1 was examined and Exts.D1 to D5 documents were produced and marked. The trial court finally found that the 1st and 3rd accused were found in possession of forged currency notes with the knowledge that they were forged currency notes and that the 1st and 3rd accused intended to use them as genuine in furtherance of their common intention and thus the accused nos.1 and 3 are found guilty for the offences under section 489(C) r/w 34 of IPC. Accordingly, accused nos.1 and 2 are convicted for the offences under Sections 489(B) and (C) r/w 34 of IPC. However, the learned Judge has found that the 2nd accused is not guilty for the offences charged against him and accordingly he is acquitted. On such conviction of accused nos.1 and 3, they are sentenced to undergo rigorous imprisonment for 6 years each and to pay a fine of Rs. 10,000/- each and in default to undergo simple imprisonment for one year under Section 489(B) of IPC. Similarly, they are sentenced to undergo rigorous imprisonment for 2 years each u/s.489(C) of IPC. Set off is allowed under Section 428 of Cr.P.C.