A.P.CHANDRAN Vs. CB CID, WAYANAD

JUDGEMENT

(1.) These appeals under Sec. 374(2) Cr.P.C. have been filed by the first accused (A1) and the third accused (A3) in S.C.No.51/2002 on the file of the Court of Session, Kalpetta, challenging the conviction entered and sentence passed against them for the offences punishable under Ss. 489B and 489C IPC.

(2.) The prosecution case as stated in the final report/charge sheet is as follows: - A7(Arumugham Pillai), during the period from March to May 1994, counterfeited Indian currency notes of the denomination of ?500/-using machineries and instruments in his possession kept in room no.20, Thilakar, 2nd Street, Puthoor, Seeranaickenpalayam, Coimbatore, which room he had taken on rent for his residence. A7 sold the counterfeit currency notes to A3(A.P. Chandran), who purchased the same knowing it to be counterfeit notes, kept it in his possession and then sold it to A2 (E.K.Joseph). A2, purchased the currency notes from A3 knowing the same to be counterfeit notes, kept it in his possession and sold it to A1(N.V.Joseph), A4 (Aakkal Abdulla), A5(Moideen) and A6 (Raghavan). A1 to A7, knowing that the currency notes were counterfeit, kept it in their possession and conducted transactions with the same. Thus, A7 has committed the offences punishable under Ss. 489A, 489B, 489C and 489D and A1 to A6, the offences punishable under Ss. 489B and 489C IPC.

(3.) On the basis of the information received from the Currency Officer, Reserve Bank of India, Thiruvananthapuram, the then Administrative Detective Inspector, CBCID, Thiruvananthapuram, namely, PW30, registered the crime, that is, CBCID Crime 97/CR/94. Investigation was conducted by PW22, PW23, PW31, PW32, CW34, the respective Detective Inspectors attached to CBCID (C.F.S.), Kozhikode, during the relevant period as well as PW24, a Head Constable attached to the same wing. Thereafter PW25, the then Dy.S.P., Narcotic and Economics Offices wing, Kozhikode, completed the investigation and submitted the final report/charge sheet alleging commission of the offences punishable under the aforementioned Ss. before the jurisdictional Magistrate, who after complying with the statutory formalities, committed the case against A1 to A4 and A6 to the Court of Session, Kalpetta. A5 (Moideen) and A7 (Arumugham Pillai) died during the pendency of the committal proceedings and hence the case against them stood abated.