STATE OF RAJASTHAN Vs. CHHUTTANLAL

JUDGEMENT

(1.) BRIEFLY narrated, the prosecution story is as follows. On 31st October 1960, the Agent, State Bank of India, Jaipur, sent to the Superintendent of Police, Jaipur, two forged currency notes, one of the denomination of Rs. 100/- received by the Bank from one Manakchand and the other of the denomination of Rs. 10/-produced in the Bank by Banshi Dhar Satyanarain, Jaipur. The District Superintendent of Police sent these notes to the Currency Note Press, Nasik Road, for examination. Mr. B. L. Kulthe, P. W. 13, Assistant Supervisor and Expert in Detection of Forged Currency and Bank Notes, Studio, India Security Press, sent his reports No. 39 (C/l/2) 1324 and No. 39 (X/h/3) 1323 both dated 10th May 1981, stating therein that the two notes were forged ones. Thereafter the police registered a case at the Police Station, Manak Chowk, Jaipur, under Section 489-B, Indian Penal Code, on 21st June 1981. Ram Pratap, P. W. 6, S. I. started investigation. A. R. Khan, P. W. 29, Inspector, C. I. D. , also joined it subsequently. P. W. 2 Bhanwar Singh, Clerk Incharge of the Counterfeit Coins section, C. I. D. Branch Jaipur was informed by his friend P. W. 1 Hanuman that there existed in Jaipur a gang, engaged in counterfeiting currency notes. The accused Chhuttanlal was the active member of that gang. P. W. 2 Bhanwar Singh produced Hanuman before Mr. N. C. . Dutta, Superintendent of Police, C, I. D. (Crimes), P. W. 28, and Mr. U. N. Misra, Deputy S. P. (C. I. D.) P. W. 25, Mr. Dutta told Bhanwar Singh and Hanuman to be vigilant and to establish contact with the members of the gang and find out its all possible activities or modus operandi. He also asked Mr. U. N. Mishra to render every possible assistance to Bhanwar Singh and Hanuman in the matter. Bhanwar Singh and Hanuman thereafter got in touch with the accused Chhuttanlal. Chhuttanlal, in the course of their contact, told them that he was capable of counterfeiting currency notes. These two persons then, under false pretext, joined the gang as partners. Bhanwar Singh was introduced to the gang as a Cashier in the P. W. D. Chhuttanlal agreed to forge the currency notes. The accused Shyam Sunder and P. W. 2 Bhanwar Singh undertook to finance the business. It was also agreed that the accounts of the partnership would be maintained by the accused Chhuttanlal, who was to get one half share in the profits. One fourth share of the profit would go to Shyam Sunder. The residuary one fourth share was to be assigned to P. W. 1 Hanuman and P. W. 2 Bhanwar Singh jointly. Bhanwar Singh parted with Rs. 200/- and two zinc plates to the accused Chhuttanlal. Accused Shyam Sunder gave Rs. 200/-, as also some powder and acid for etching purpose. Accused Chhuttanlal then got prepared currency designs with the zinc plates which are marked Exs. 20, 21-A and 21-B, through goldsmith Omprakash, P. W. 4, an employee of the firm Jaipur Printers. The papers for counterfeiting the notes were supplied by Govind Narain. Forged notes were got printed with the help of block Exs. 21, 21-A and 21-B by the accused Shyam Sunder through some press. Accused Shyam Sunder kept some of the printed notes with him at his place and made over a few to the accused Chhuttanlal to design them after giving finishing touches, so that they might look like genuine currency notes. Accused Chhuttanlal finally prepared some notes and gave them to the accused Amar and Indermal for use. He also gave a few notes to the accused Ayal Das (approver ). On receipt of information from Hanuman, P. W. 1, the police deputed P. W. 17 Tilumal to watch the specific activities of Ayal Dass. On 24th June 1961, Bhanwar Singh informed Mr. N. C. Dutt S. P. (C. I. D.) that the currency notes had already been counterfeited and were ready for circulation in the market. On 28th June 1961, Tilumal supplied information to Mr. Dutt that Ayal Das had left for Ajmer by bus presumably with the object of circulating counterfeit notes. Mr. Dutt then personally left for Ajmer with some Police Officers as also with Tilumal. The police recovered two currency notes of the denomination of Rs. 100/-each, from the possession of Ayal Das, under recovery memo Ex. P.-10, dated 28th June 1961. On 28th June 1961, accused Chhuttanlal was arrested. Simultaneous raids were carried out in the house of the accused Chhuttanlal and Shyam Sunder, 166 counterfeit currency notes of the denomination of Rs. 100/- each and certain instruments and materials, meant for counterfeiting currency notes were recovered at the house of Chhuttanlal, under memo Ex. P. 12, dated June 29, 1961. Four of these notes were complete and the residual were incomplete. The police also recovered 65 forged currency notes of the denomination of Rs. 100/- each from the house of the accused Shyam Sunder. Accused Govind Narain was arrested on July 10, 1961, He furnished information to the police that two litho-stones meant for forging currency notes, were available at his house. That information was reduced to writing and is marked Ex. P-16, dated July 10, 1961. In pursuance of that information, the police recovered two litho stones from the house of the accused Govind Narain, under memo Ex. P-17 of the same date. The police also got recorded the confessional statement of the accused Govind Narain under Section 164, Criminal P. C. , on July 22, 1961 : vide Ex. P-8. During the investigation it was found that the accused Chhuttanlal had been previously convicted for offences under Sections 489a and 120b, Penal Code, by the Special Tribunal, Jodhpur, in March 1936, and under Section 489a, by the High Court of Hyderabad in June 1932. It was further found that the accused Chhuttanlal some time before June 1961, had counterfeited currency notes of the denominations of Rs. 5/- and Rs. 100/- each by using litho-stones recovered from the house of accused Govind Narain and with the help of the accused Amar, Indermal and Ayal Das uttered them in the market.

(2.) AS the stock of litho-stone notes had been exhausted and as it took pretty long time in counterfeiting currency notes by the litho-process, it was conspired by the accused persons to counterfeit currency notes by getting them printed in some press with the help of blocks. The accused Amar and Indermal were also arrested. Forged notes, other materials and instruments recovered from the accused Chhuttanlal. Shyam Sunder and Govindnarain as also from the accused Ayal Das were sent by the police to the Currency Notes Press, Nasik Road, for expert opinion. Mr. B. N. Kulthe, Assistant Supervisor and Expert in Detection of Forged Currency and Bank Notes, sent his reports Ex. P-5 (39/c/j/3) 8764 dated December 8, 1961, Ex. P-6 (39/c/j/3) 8772, dated December 8, 1961, Ex. P-7 (39/c/l/2) 8768, dated December 8, 1961 and Ex. P-7a (39/8776 ). dated December 8, 1961. On conclusion of investigation, all the six accused persons were challaned in the Court of First Class Magistrate, Jaipur, for offences under Sections 489b and 120b, Penal Code. Accused Chhuttanlal, being a previous convict for similar offences was further challaned under Section 75, Penal Code. The said Magistrate conducted preliminary inquiry in accordance with the provisions of Section 207a, Criminal P. C. , and committed the accused to the Court of Sessions Judge, Jaipur City, wherefrom the case was transferred to the Court of the Additional Sessions Judge, Jaipur City No. 2 for trial.

(3.) THE accused pleaded not guilty to the various charges under the aforesaid sections of the Indian Penal Code.