BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) In this appeal preferred by the appellant through the prison authorities, he assails the verdict of guilty, conviction and sentence imposed on him under S.489C I.P.C. The learned Sessions Judge had found the appellant / first accused guilty, whereas he had found accused Nos. 2 and 3 not guilty of the offence alleged against them. The appellant was convicted and sentenced to undergo R. I. for a period of 3 years. He has already served the period of imprisonment, it is noticed.

(2.) The charge against accused No. 1 / appellant herein is that on 19/09/1991 at 1.45 a.m. in the night at Ayoor junction he was found to keep in his possession MO 1 counterfeit currency notes, 10 in number, of denomination Rs. 100/- with the requisite culpable intention. He was arrested by the police party led by PW 6, who allegedly reached the place of occurrence on receipt of discreet prior information. On interrogation of the appellant and subsequent efforts to trace other counterfeit currency notes, which the appellant had allegedly dealt with, MOs. 2 and 3, counterfeit currency notes -10 in all - were also allegedly seized by PW 6 under Exts. P2 and P12. The prosecution alleged that the appellant had kept in his possession the counterfeit currency notes - MO 1 and had dealt with such currency notes - MOs 2 and 3 (10 in all) with the requisite contumacious and culpable intention.

(3.) The detection of the offence was made by PW 6, who arrested the appellant. Investigation was continued initially by PW 9 and then by PW 8. Charge sheet was filed. The appellant denied the offence alleged against him and thereupon the prosecution examined PWs 1 to 9 and proved Exts. P1 to P14.