RAM DAS AND ORS Vs. EMPEROR

JUDGEMENT

(1.) Aminuddin, Ram Das, Thakur Prasad, Ram Narain, Vishnath, Sham Das, and Amuliya Charan Das, 7 appellants, were tried in the Court of the learned Sessions Judge along with three other persons under Section 120-B, read with Sections 489-A, and 489-B, Penal Code. The charge against them was that they had agreed, and conspired with one another and some other persons between 6th July 1924, and 5th October 1930 at Benares, Dundun, Calcutta and other places in British India for making and uttering forged currency notes of various series and denominations with a common object to make money by illegal means, and that in pursuance of the said conspiracy notes of ED/23, RE/55 and PE/40 series, of the denomination of Rupees 100 each, and CD/91, and OD/94 series of the de. nomination of Rs. 5 each were forged : and further negatives and blocks of Rs. 10 notes of the old pattern were prepared with a view to forge notes of that denomination. Some of the accused were further charged under substantive offences to which reference would be made when I deal with the cases of individual accused separately. All the above-named seven appellants were found guilty in respect of the charge of conspiracy. Some of them have also been held to be guilty on the substantive charges. They have all been sentenced to various terms of imprisonment, and have preferred appeals against their convictions.

(2.) Pandit Ram Chandar Sharma, P.W. 25, states how this case was started. He deposes that some notes of RD/23 series, and PE/40 series of Rupees 100 each were detected in two adjoining villages in. the district of Allahabad and Mirzapur, in the months of August and September 1929. Two persons Nazir, and Anwar were arrested while uttering forged currency notes in one of these villages. They were challaned and convicted in the month of November 1929. The Deputy Inspector General of the C.I.D. deputed the witness on special duty in order to discover the origin and authors of the forged notes which were being circulated. In connection with this matter the witness saw Anwar and Nazir in the Allahabad District Jail, and gathered some information. During the course of the investigation the witness gathered information about the various suspects and he" came to the conclusion that one of the centres where these false currency notes were being forged was Benares. The witness went to that place and started enquiries. He learnt that one Barku, alias Gopal Lal and several other persons had been uttering forged currency notes. The witness also learnt during the investigation that forged currency notes could be purchased on payment. One Raghbir Avasthi gave him this information and said that forged currency note of the face value of Rs. 100 could be purchased for a sum of Rs 50. On receiving this information the witness expressed a desire to purchase such notes. A forged currency note of the RD/23 series for Rs. 100 was brought to the witness by one Bachoha Maharaj. The witness made an endorsement on this note which is Ex. 2, and purchased it on 4th December 1929 for Rs. 50 which he paid. The price of this was debited to the account of the Government.

(3.) On account of certain information received in the course of enquiries, the witness had reason to suspect one Ram Narain as an utterer of forged notes. He sought the help of one Bal Kishan in order to get in touch with these men, Ram Narain and Barku. He deposes that after a few days Bal Kishan brought Ram Narain, accused, to him, who praised the forged notes very highly as being very clever specimens of the genuine notes. There were some negotiations and eventually Barku and Ram Narain went to the witness who was posing as a zamindar of Patna, and who was anxious "to get rich quiok." It was given out that the witness would be ready to purchase forged notes for about Rs. 20,000. He asked Ram Narain and Barku whether they had a specimen with them, upon which Ram Narain pointed towards Barku who took out a note of Rs. 100 and showed it to the witness. This note according to the statement of the witness was of ED/23 series, and was for Rs. 100 and was forged. The price demanded by Barku for this note was Rs. 50, but the witness offered him Rs. 25. There was some higgling as regards the price, but the matter could not be settled and was postponed. On 21st December 1929, the witness again met Bal Kishan who told him that Barku and Ram Narain had given one false currency note to one Rahmatullah in payment of the price of a sari. The witness went to Rahmatullah and saw the forged note which had been given to him. It was Ex. 3, and is of ED/23 series. The witness got a written report about this matter from Rahmatullah, which is P-47 dated 21st December 1929. The witness took possession of the note and gave information to his superior officers about the matter. The enquiry dragged on for several months.