KASHI PRASAD Vs. STATE

JUDGEMENT

(1.) This is an appeal by one Kashi Prasad who has been convicted by the learned Additional Sessions Judge of Fatehpur of offences punishable under Sections 235 and 243, Penal Code. For each of these two offences he has been sentenced to undergo five years' rigorous imprisonment and to pay a fine of Rs. 500/-. The sentences of imprisonment are to run concurrently.

(2.) The appellant was charged with an offence under Section 232, Penal Code, also but he has been acquitted of that offence.

(3.) It appears that the officer-in-charge police station Khakhreru in district Fatehpur received intimation that the residents of village Amdara were counterfeiting King's coins. He organized a raid and reached village Amdara between 6 and 6 A. M. on 28th December 1947. Several houses were searched. From one of the houses which was during that night at least in the occupation of the appellant a large quantity of materials which could be used for counterfeiting King's coins was recovered. The appellant was prosecuted for the offences mentioned above. The appellant's defence in the Court below was that the house from which recovery was made and in which he was sleeping at the time of the arrival of the police party was not owned by him. His contention was that he belonged to village Sachwara in the district of Allahabad and that he had gone to Amdara on a temporary visit to see his relations. In other words, he denied possession of the objectionable articles.