(1.) Appellants in Crl.A.328/09 are A2, A6 and A7 and the appellant in Crl.A.No.737/09 is A3 in S.C. No.373 of 2005 of the Additional Sessions Court(Adhoc - III), Manjeri. A1 and A5 in the case were absconding and consequently the case against them was split up and refiled.
(2.) The court below found A4 not guilty of any of the offences and consequently acquitted him. A2, A3, A6 and A7 stand convicted under Sections 120B, 489A, 489B, 489C and 489D IPC. A2, A3 and A6 stand sentenced to undergo rigorous imprisonment for five years each and to pay a fine of 5,000/ - each, in default, to undergo rigorous imprisonment for one more year each for each of the said offences. A7 stand sentenced to undergo rigorous imprisonment for 3 1/2 years, for each of the offences, and to pay a fine of 3,000/ - each, in default, to undergo rigorous imprisonment for six months each. The substantive sentences of imprisonments were ordered to run concurrently.
(3.) The case in hand reveals strange facts. PW1 while working as the Sub Inspector of Police, Manjeri, received an information on 25.03.2004 that A3 was engaged in a tumult by threatening with a revolver at a bar named "Relax Bar" at Manjeri. PW1, along with the police party, rushed to the spot. On seeing them, A3 took to heels. He was chased and apprehended. He was placed under arrest and he was brought to the Police Station, where Crime No.173/2004 was registered. When he was intercepted further, he had allegedly divulged an information that during 2003, he along with some others were engaged in counterfeiting of currency notes at a house at Manjeri and they distributed it. He further informed that a portion of the said counterfeit currency notes was available at the house of one Ali Haji at Pothukal Panchayt at Nilambur. The said Ali Haji is none other than A4, who stands acquitted. A3 further informed that he would point out the said house where counterfeit currency notes and the implements and the machinery made use of for counterfeiting were kept, if he was taken there. Based on the revelation made by A3, Crime No.174/2004 of the Manjeri Police Station was registered. Thereafter, PW1 along with the police party accompanied A3. A3 took them to the house of A7, by styling it as the house of A4. The mother of A4 alone was present there. She allegedly identified A3 as the person who used to come over there with A4. As pointed out by A3, they entered inside the house. A3 further allegedly pointed out the place above the attic wherein the said materials were kept. They climbed on the attic and could seize 39 implements for counterfeiting and also partly made counterfeit currency notes of the denomination of 500, 100, 50 and 20. Bundles of paper, ink, cutter, gum, blade etc. were also seized through Ext.P1 search list.