KANDEEBAN Vs. STATE

JUDGEMENT

(1.) Even though Crl.M.P.No.11818 of 2016 has been filed, praying to suspend the sentence of imprisonment imposed in S.C.No.319 of 2007 dated 24.01.2012, on behalf of A-3/Balaji/Appellant in Crl.A.No.325 of 2012 and the same is listed today, considering the submissions made on both sides, the above criminal appeals themselves are taken up for final disposal.

(2.) Challenge in these criminal appeals is to the conviction and sentence dated 24.01.2012 passed in Sessions Case No.319 of 2007 by the Additional District & Sessions Judge, Fast Track Court-II, Chennai.

(3.) The case of the prosecution is that on 06.05.2003 at about 11.00 hours, Thiru. G.Kothandaraman, the Sub Inspector of Police, (P.W.1) attached to Counterfeit Prohibition Wing, Chennai, on information by the informant, went to ICF Bus stand along with Police constables and the informant identified the 2nd accused Kandeeban and on search on him, P.W.1 found a polythene bag containing 30 sheets of 10 rupees counterfeit court fee stamps and seized them. On enquiry, A-2 Kandeeban admitted that he received the same from Pitchandi-A-1, who stated that he gave 15 such sheets to the 3rd accused Balaji. On this information, Balaji-A-3, was also apprehended and on the basis of the confession, 15 sheets of 10 rupees fake court fee stamps were seized from him. The Police Party proceeded to No.3/31, Burma Colony, Periyar Nagar, Sembakkam, wherein, they found Tradal Machine (SBCO Ordinary) without any license or permit by the Government, wherein, A-1, had printed Indian Court fee stamps of 1000/- rupees and 50 rupees counterfeit note (one side print) with intent to use the same as genuine. After knowing the evil design of the accused A-2 to A-3, the prosecution has registered FIR against them on the same day against A-1 for the offence punishable under Sections 255, 256, 257, 258, 259 and 489A to D of IPC and against A-2 and A-3, for the offence punishable under Section 259 of IPC. The said FIR has been registered in Crime No.4/200 The special report prepared in this regard has been marked as Ex.P.1.