SAKEER USSAIN @ USSAIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The challenge is against the judgment of conviction and sentence dated 10/04/2008 made in SC 158/2005 on the files of the Sessions Court, Kozhikode Division. The conviction is under S.489C of IPC. The sentence is to undergo rigorous imprisonment for four years and to pay a fine of Rs.50,000/- with default rigorous imprisonment for one year.

(2.) The question raised in this appeal is that when witnesses are questioned by more than one Investigating Officer and non - furnishing of statements of witnesses recorded by one of the Investigating Officer will vitiate the whole trial?

(3.) The facts necessary for disposal of this appeal is as follows: On 02/03/2002 at about 6.20 p.m, the appellant herein along with another person was found in possession of counterfeit currency notes. The accused were arrested by the Circle Inspector of Police. The counterfeit notes were seized, crime registered and preliminary investigation was conducted by the local police itself. Thereafter the detective inspector of C.B.C.I.D, conducted investigation and after getting an expert opinion regarding the seized notes, filed charge. Prosecution altogether examined 6 witnesses. Exts.P1 to P14 were marked. MOs 1 to 8 were also identified. After appreciating the evidence, the Court below convicted the accused and sentenced as stated above.