PONNU PILLAI Vs. STATE

JUDGEMENT

(1.) These appeals are by accused Nos. 5, 1, 9, 2 and 3 respectively against the convictions and sentences passed by the learned Sessions Judge, Nagercoil in Sessions Case No. 29 of 1953. These accused along with ten others were tried by the lower court for offences under S. 120B, 489A to d and 201 I.P.C. All the 15 accused persons were said to have engaged themselves in a criminal conspiracy with the object of counterfeiting 100 rupee currency notes and trafficking in them. It was stated that in pursuance of this conspiracy the 1st accused approached one Kumaran Pachan of Muttathura in Trivandrum who had in his possession some blocks for counterfeiting 100 rupee notes. These blocks were said to have been made by one N.S. Nair of Trivandrum, an expert photographer and artist who had entrusted them to the said Pachan in June or July 1951. Pachan sold these blocks to the 1st accused for Rs.50. About the third week of September 1951, accused 1, 2, 3 and 5 were said to have collected all the materials and implements necessary for counterfeiting 100 rupee currency notes at the house of the 2nd accused at Kalliyoor. The 4th accused a carpenter and block-maker was called in and at the instance of accused 1, 2 and 3 he did some expert work on the blocks to get them ready for printing. Accused 1 to 3 had a preliminary trial on the blocks and press to see whether they worked satisfactorily. In October 1951, accused 1, 2, 3 and 5 removed all these materials and implements to the house of the 3rd accused at Eraniel and there with the help of those materials accused 1 to 3 and 5 to 8 counterfeited more than 300 notes during the next two months. The accused then agreed to dispose of these counterfeit notes for value and distribute the value among themselves. Accordingly the 3rd accused was said to have given 200 of these notes to the 1st accused and 100 notes to the 2nd accused. Out of the 100 notes in his possession the 2nd accused sent about 60 of them to the 13th accused through his son the 12th accused from which the 13th accused gave 2 or 3 notes to the 14th accused for enactment. The 13th accused was able to dispose of only two notes and returned the remaining notes to the 2nd accused. Later on the 2nd accused handed over these notes to the 9th accused for disposal. The 9th accused made some attempts to pass off these notes. On the night of the 26th February 1953 while on his way to Kollamcode for the purpose of uttering 30 of these notes he was waylaid and arrested by the police who recovered the notes from his person. On the following morning acting on information given by the 9th accused the police recovered 43 more notes from his house. The 13th accused has given two or three such notes to the 14th accused, who gave them to Pw. 22 redeem some ornaments pledged with her. On information furnished by the 14th accused, Pw. 64 the Sub-Inspector of Police, Nemom recovered these notes from Pw. 22 on 1.3.1953. The 1st accused to whom 200 notes had been given for disposal sold 3 of them to the 11th accused for Rs. 25. The 11th accused used these three notes to entangle his enemies Pws. 44 and 55. He purchased a Chellam M.O. 7 from Pw. 48, put two notes in that Chellam, locked up and conveyed it to the house of Pw. 44 with the help of Pw. 54. He had also inscribed the name of Pw. 55 on the inner edge of the Chellam. After doing this he sent an anonymous petition to the police stating that if the house of Pws. 44 and 55 were searched the police would find similar counterfeit notes in plenty. Accordingly the police recovered on searching the house of Pw. 44 the Chellam in question with the two counterfeit notes enclosed in it. Pws. 44 and 55 were also arrested. But further investigation did not disclose that these persons were involved in the counterfeiting of the notes. They were let on bail. This was in December 1952 and as further facts were not elicited by the Sub-Inspector of Police, Vilavancode, the Inspector General of Police deputed Pw. 68 the Sub-Inspector attached to the crime branch to enquire into the matter. It was in the course of such investigation that he came to know of the 9th accuseds complicity in the matter. With the arrest of the 9th accused on 26.2.1953 the investigation proceeded with speed so that the whole plot was unearthed within a short time. The several cases about this matter had been registered in different police stations and these were consolidated and enquired into as P.E. 3 of 1953. After the enquiry the accused were committed to stand their trial before the Sessions Court.

(2.) The learned Sessions Judge found that the notes recovered in the case as M.Os. I, II, XI, XII, XXV and XXVIII series were counterfeit notes, that they could be manufactured with the help of the material objects M.O. XV series blocks and M.O. XXVI Brahma Press, that the accused Nos. 1 to 3 and 5 were alone involved in the conspiracy to counterfeit the notes, that these accused and the 9th accused had attempted to utter the same, that the 15th accused who was the brother of the 3rd accused had helped the latter in concealing the blocks and instruments used for counterfeiting and that it was not proved that the other accused had any connection with the case charged against them. Accused Nos. 1, 2, 3 and 5 were found guilty under Ss.120B and 481A I.P.C. Accused Nos. 2 and 3 were further found guilty under S.489D I.P.C, the 9th accused under S. 489B and C, and the 15th accused under S. 489D. Accused 1 to 3 and 5 were sentenced to transportation for life for the offence under S.489A, accused 2 and 3 were in addition found guilty under S.489D and sentenced to rigorous imprisonment for seven years each, and accused 9 was sentenced to rigorous imprisonment for ten years for the offence under S. 489B and for five years under S. 489C. The 15th accused was sentenced to rigorous imprisonment for seven years for the offence under S. 489D. The other accused were acquitted. The sentences passed on accused 2, 3 and 9 were directed to run concurrently.

(3.) The State had filed Crl. Appeals 19 and 20 of 1954 (T) against the acquittal of accused 10 and 14. These appeals were heard and dismissed by us. Appeal 73 of 1954 filed by the 15th accused had been allowed by us and he was acquitted. The appeals by accused 1 to 3, 5 and 9 remained for consideration.