VELAYUDHAN NADAR KUTTI NADAR Vs. STATE

JUDGEMENT

(1.) Velayudhan Nadar Kutti Nadar, who was accused No. 4 in Sessions Case No.13 of 1953 on the file of the Nagercoil Sessions Court, has preferred this appeal against his conviction by the learned Sessions Judge for commission of offences punishable under S.489B and 489C of the Indian Penal Code and the sentences passed therefor. For the offence under S.489B the appellant has been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 500. In default of payment of the fine, he is to undergo rigorous imprisonment for a further period of six months. On the other count, namely, the offence under S.489C, a sentence of three years' rigorous imprisonment has been passed.

(2.) Seven other persons were jointly tried with the appellant for commission of similar offences, but all of them except accused No. 6 were acquitted by the learned Sessions Judge. Accused No. 6 has preferred Criminal Appeal No. 43 of 1954 against his conviction and sentence. That appeal was heard along with this appeal but we are disposing of it by a separate judgment. The case against the present appellant is that he attempted to pass off one counterfeit currency note of the one hundred rupees' denomination as genuine and that he was found in possession of another like note. Finding him guilty under both counts the learned Judge convicted and sentenced the appellant as mentioned above.

(3.) The main argument urged before us by the appellant's learned counsel was that the trial was illegal on account of misjoinder of charges and persons and that independent of the merits of the case, the conviction and the sentence have to be set aside. At the conclusion of the hearing we indicated our view that we would accept that argument and direct a retrial of the case against the appellant.