Madras High Court
Nainar vs State Rep.By on 18 September, 2017
Author: V.Bharathidasan
Bench: V.Bharathidasan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.09.2017
CORAM
THE HON'BLE Mr.JUSTICE V.BHARATHIDASAN
Crl.A.(MD) Nos.125 of 2006 &
156 of 2006 and 172 of 2007
Crl.A.(MD)No.125 of 2006:
Nainar
... Appellant / A2
Vs.
State Rep.by
The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District.
... Respondent
Prayer: Appeal filed under Section 374(2) of Cr.P.C., to call for the records
of the judgment dated 15.02.2006 in S.C.No.72 of 2005 on the file of the
First Additional Assistant Sessions Judge, Tirunelveli and set aside the
same, in convicting the appellant under Section 489 IPC sentencing him to
undergo 7 years R.I.and Rs.9000/- fine i/d 6 months R.I. and for the offence
under Section 489-A and 489-D sentenced him to undergo 10 years R.I.and fine
of Rs.10000/- i/d 6 months R.I.
Crl.A.(MD)No.156 of 2006:
Madasamy
... Appellant / A1
Vs.
State Rep.by
The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District.
... Respondent
Prayer: Appeal filed under Section 374(2) of Cr.P.C., to call for the records
of the judgment dated 15.02.2006 in S.C.No.72 of 2005 on the file of the
First Additional Assistant Sessions Judge, Tirunelveli and set aside the
same.
Crl.A.(MD)No.172 of 2007:
Christopher @ Suresh
... Appellant / A4
Vs.
State Rep.by
The Inspector of Police,
Munneerpallam Police Station,
Tirunelveli District.
... Respondent
Prayer: Appeal filed under Section 374(2) of Cr.P.C., against the conviction
and sentence made in the judgment dated 15.02.2006 in S.C.No.72 of 2005
passed by the First Additional Assistant Sessions Judge, Tirunelveli and set
aside the same, in convicting the appellant under Section 489(C) IPC
sentenced him to undergo 7 years R.I.and fine of Rs.5000/- i/d to undergo 6
months R.I. and 10 years R.I. and a fine of Rs.10,000/- i/d to undergo 6
months R.I.for the offence under Sections 489(A) and 489(D) IPC.
!For Appellants : Mr.V.Kathirvelu, S.C. for
Mr.K.Prabhu
^For Respondent : Mr.C.Mayilvahana Rajendran, APP
:COMMON JUDGMENT
The appellants, who are arrayed as A2, A1 & A4 respectively, have preferred these appeals against the conviction and sentenced imposed on them by judgment dated 15.02.2006 in S.C.No.72 of 2005 by the First Additional Assistant Sessions Judge, Tirunelveli.
2.Totally there are 4 accused in S.C.No.72 of 2005. A1 was charged under Section 489(C) IPC, A2 was charged under Sections 489(A), 489(B) & 489(D) IPC and A4 was charged under Sections 489(A), 489(C) & 489(D) IPC. The Trail Court convicted A1 to A4 under Section 489(C) IPC and sentenced him to undergo 7 years R.I. and imposed a fine of Rs.5,000/- each i/d to undergo 6 months R.I.; A2 & A4 were convicted under Section 489(A) and 489(D) and sentenced to undergo 10 years R.I. and imposed a fine amount of Rs.10,000/- each i/d to undergo 6 months R.I. and all the sentences were ordered to run concurrently.
3.Challenging the above said conviction and sentence, A2 has filed the Criminal Appeal in Crl.A.(MD)No.125 of 2006, A1 has filed the Criminal Appeal in Crl.A.(MD)No.156 of 2006 and A4 has filed the Criminal Appeal in Crl.A.(MD)No.172 of 2007.
4.When these matters are taken up for final hearing today, the learned Senior Counsel appearing for A1 in Crl.A.(MD)No.156 of 2006 has submitted that the appellant / A1 in this appeal died on 08.01.2011. The learned Additional Public Prosecutor appearing for the respondent Police has also confirmed the same and produced the death certificate to that effect. Hence, this Court is inclined to dismissed the Criminal Appeal in Crl.A.(MD)No.156 of 2006 as abated.
5.The case of the prosecution in brief as follows:
On 25.03.2001 at about 10.00 a.m., when P.W.7 Inspector of Police at Muneerpallam Police Station along with police parties were on patrol, A1 was standing in front of a house and on seeing the Police party, he started running. On suspicion, he was intercepted, and checked by the Police party and he was found in possession of 2 nos. of Rs.100/- counterfeit currency notes and 4 nos. of Rs.10/- counterfeit currency notes, hence, he was arrested and based on his confession statement a case in Crime No.61 of 2001, was registered under Section 489 (C) IPC and the FIR was marked as Ex.P.14.
6.Based on the confession statement of A1, one Nainar / A2 was arrested and based on his confession statement, 293 nos. of Rs.100/- counterfeit currency notes (M.O.3 series); 1 no. of Rs.500/- one side printed counterfeit currency note (M.O.4); 8 nos. of Rs.100/- one side printed counterfeit currency notes (M.O.5 series); white papers, which are meant for printing counterfeit currency notes (M.O.6); white, red and yellow coloured carry-bags (M.O.7); Rs.100/- original currency note; 4 nos. of Rs.100/- counterfeit currency notes (M.O.8 series); Rs.50/- original currency note (M.O.9) and 16 nos. of Rs.100/- original currency notes (M.O.10 series); a bill for purchasing an electronic product namely, A.P. Office Jet Pro BSC 500, Printer worth Rs.25,000/- (M.O.11); 3 nos. of books explaining the term H.B.B.S.C 500 (M.O.12); a small piece of paper containing Asoka Chakra symbol (M.O.13); a small piece of paper containing Reserve Bank of India symbol (M.O.14) and also symbol of 100 (M.O.15) and other related materials (M.Os.16 to 39), which were used for printing counterfeit currency notes. All these material objects namely, M.O.1 to M.O.39 were seized from the house of A2 under the cover of seizure mahazar (Ex.P.2, Ex.P.3, Ex.P.5, Ex.P.7 and Ex.P.15) and in presence of witnesses.
7.Based on the confession statement of A2, one Mani @ Rajamani / A3 was arrested and based on his confession statement, 2 nos. of Rs.100/- counterfeit currency notes (M.O.40 series); 2 nos. of Rs.50/- counterfeit currency notes (M.O.41 series); 1 no. of Rs.5/- currency notes (M.O.42); 2 nos. of Rs.50/- currency notes (M.O.43 series); 5 nos. of Rs.10/- currency notes (M.O.44 series) were seized before the under seizure mahazar.
8.On 11.04.2001 at about 1.00 a.m., when P.W.7 Inspector of Police along with police parties were on patrol, A4 viz.,, Krishtopher @ Suresh was standing in front of Office of Electricity Board at Gopalsamuthiram Main Bazaar and on seeing the Police party, he started running. Thereafter, on suspicion, he was intercepted and checked by the Police party and he confessed that he would show the counterfeit currency notes and the materials for printing the same. Based on his confession, 10 nos. of Rs.50/- counterfeit currency notes; 2 nos. of Rs.50/- counterfeit currency notes (M.O.46 series); one diary (M.O.47) were seized before P.W.10 under observation mahazar from the house of A4. Further, 400 ml. Hydro feroxide (M.O.48); 250 ml. Emulsion (M.O.49); 1 lt. Plastic bottle (M.O.50); empty milk bottle (M.O.51); 100 ml ink bottle (M.O.52); Jaina Letter Press (M.O.53); printing frame (M.O.54); screen scrubber (M.O.55); film role containing the symbol of 100 (M.O.57); slide film containing Gandhi symbol and also the symbol of 100 (M.O.58); disposing glass and a rubber stamp containing High Court Madras 600 104 (M.O.59); a rubber stamp relating to a copy application of High Court of Judicature Madras (M.O.60); Add Gel pen (M.O.62) and 3 nos. of fake sureties which were executed on behalf of Suresh/A4 (M.O.63 series) were also seized before the same witnesses under observation mahazar. Thereafter, all the accused and the seized material objects were sent to Court.
9.P.W.8, another Inspector of Police at Munneerpallam Police Station, Tirunelveli District, continued the investigation, prepared the observation mahazar and obtained Forensic Report (Ex.P.13) and also recorded the statement of witnesses and thereafter, concluded the investigation and then he filed a final report before the Court concerned.
10.Considering the above materials, the trial Court has framed charges against the accused persons as mentioned in the second paragraph of the judgment and they denied the same. On the side of the prosecution, in order to prove its case, as many as 9 witnesses were examined, 19 documents were exhibited and placed 61 material objects.
11.P.W.1 Perumal Devar witnessed the arrest of A1 and also the confession given by A1 and he is also witness to the seizure of counterfeit currency notes from the house of A1.
12.P.W.2 Arumugam witnessed the arrest of A2 and also the confession given by A2 and he has also witnessed the seizure of the materials, which are meant for printing counterfeit currency notes.
13.P.W.3 Arichandran witnessed the usage of Rs.100/- counterfeit currency note by A1. According to P.W3, A1 has given Rs.100/- counterfeit currency note to him for purchasing liquor and when the same was given to the liquor shop, it was identified by the said shopkeeper as counterfeit currency note and hence, the shopkeeper teared the said counterfeit currency note and scolded him. When the same was deposed to A1, once again he gave another Rs.100/- counterfeit currency note for purchasing liquor. However, this time also the liquor shopkeeper identified that the said Rs.100/- was a counterfeit currency note and scolded and also attacked him.
14.P.W.4, who is Village Administrative Officer has spoken about the arrest of A3 and also recovery of counterfeit currency notes. P.W.5, who is another Village Administrative Officer, has spoken about the arrest of A4 and the recovery of counterfeit currency notes and also the materials, which were used for printing counterfeit currency notes.
15.P.W.6 is the Assistant Director cum Assistant Chemical Analysts of Forensic Lab, Tiruneveli. He examined all the materials seized from the accused persons, which were meant for printing counterfeit currency notes and submitted a Chemical Analysis report, which is marked as Ex.P.13.
16.P.W.7 is the Inspector of Police and he arrested all the accused and seized the counterfeit currency notes and also materials, which were used for printing counterfeit currency notes. He also recorded the statement of accused and also witnesses.
17.P.W.8 is another Inspector of Police at Munneerpallam Police Station, Tirunelveli District. He continued the investigation and after completing investigation, he filed final the report before the Court concerned.
18.When the above incriminating materials were put to the accused under Section 313 Cr.P.C., they denied the same. A2 examined himself as D.W.1 and his son Kannan was examined as D.W.2 and they have marked a newspaper report as Ex.D1.
19.The Trial Court after considering all the materials available on record, convicted the appellants / accused and sentenced them to undergo imprisonment as mentioned in paragraph no.2 of this judgment. Challenging the said conviction and sentence, the appellants are before this Court with these appeals.
20.Heard Mr.V.Kathirvelu, learned Senior Counsel appearing for A1 and A2, Mr.S.Durai Raj, leaerned counsel appearing for A4 and Mr.C.Mayilvahana Rajendran, Additional Public Prosecutor appearing for the respondent and perused the records carefully.
21.The learned Senior Counsel appearing for A1 and A2 would contend that absolutely there is no material to prove the seizure of the alleged printing of counterfeit currency notes from the house of A2. He would also contend that though the prosecution claims that based on the confession and also the disclosure statement of A2, counterfeit currency notes and also other materials, which were used for printing the same, were seized, but the admissible portion of the confession statement of A2 was not marked before the Court. Apart from that P.Ws.1 and 2 mahazar witnesses, who were Village Administrative Officer and Village Assistant have spoken about the arrest and recovery of the material objects, however, they did not speak anything about the material objects seized from the house of A2 and hence, their evidence cannot be relied on for convicting A2. He would further contend that insofar as the charge against A2 under Section 489-A of IPC is concerned, the same was not proved by the prosecution and first of all, the seizure was not proved apart from that there is no evidence to show that A2 has knowledge about the counterfeit currency notes and also he was trying to use the same as genuine one.
22.The learned counsel appearing for A4 would contend that the prosecution has failed to prove the charges levelled against A4 and it is not clear regarding the fact that under what basis A4 was implicated as one of the accused in this case and even though as per the statement of P.W.7 and also based on the confession of A3, accused No.4 was implicated, but the confession statement of A3 was not marked. He would further submit that for commission of offence of A4, separate charge has to be framed and separate trial ought to have been conducted. Based on the materials available on record, the prosecution did not prove the materials were seized from the house of A4 and also for possession of the counterfeit currency notes, but, the court below without considering the said evidence in proper perspective, convicted the appellants, warranting interference in these appeals.
23.Per contra, the learned Additional Public Prosecutor appearing for the respondent submitted that P.W.7 the Investigation Officer, on suspicion, arrested A1 and based on his confession, counterfeit currency notes were seized and A1 also identified A2 and based on his disclosure statement, the materials, which were used for printing counterfeit currency notes, were seized by P.W.7 and the same were sent for Chemical Analysis report and the said report also disclosed the fact that the materials were used only for printing the counterfeit currency notes. He further contended that in order to prove the seizure, the prosecution also examined mahazor witnesses and they have categorically stated that all the materials, were used for printing the counterfeit currency notes and also the possession of the counterfeit currency notes by the appellants. Hence, the court below has rightly convicted the appellants and therefore, there is no infirmity or illegality with the same warranting interference in these appeals.
24.I have considered the rival submissions made on either side and also perused the entire materials on record.
25.The case of the prosecution is that A1 was found in possession of some counterfeit currency notes and on suspicion, he was arrested by the respondent Police, on such arrest he gave a voluntary confession statement and based on the confession statement, further counterfeit currency notes were seized from A2 and that how he was implicated in this case. Thereafter, A2 was arrested and on such arrest, he voluntarily gave confession statement and based on which, the printing materials, which were used for printing counterfeit currency notes, were seized from the house of A2. Apart from that, large number of counterfeit currency notes were also seized and they were sent for chemical examination and a report to that effect was received and the same revealed the fact that the seized currency notes are counterfeit and the seized materials were also used to print the said counterfeit currency notes.
26.As rightly contended by the learned Senior Counsel appearing for the appellants the in confession statement leading to the recovery of counterfeit currency of A2 was not marked before the Trail Court and even though P.Ws.1 & 2 witnessed the arrest and seizure of the materials, they did not say anything about the details of the materials, which were seized from the house of A2. In such circumstances, I am of the considered view that the prosecution failed to prove the factum of seizure of the counterfeit currency notes and also the materials used for printing the same. Apart from the seizure of the materials alleged to have been used for printing the counterfeit currency notes and also the counterfeit currency notes, there is absolutely no other materials available on record to show that A2 was involved in printing the counterfeit currency notes and also for the possession of the same. In the said circumstances, in the absence of any such evidence, A2 cannot be convicted for the offence under Section 498 (C) and (D) IPC and hence, he is entitled for acquittal. Accordingly, A2 is acquitted of all the charges framed against him.
27.As far as A4 is concerned, it is the case of the prosecution that P.W.7 Inspector of Police has stated that, during, the investigation, the role of A4 in commission of offence came to the knowledge of the Police and hence, they have arrested A4 and on such arrest, he has voluntarily gave confession statement and based on which, some materials were seized from the house of A4 and the same were marked as Ex.P.9. P.W.5 Village Administrative Officer, was the witness to the arrest of A4 and seizure of counterfeit currency notes and printing materials and he has stated that all the materials seized from the house of A4. Eventhough the printing materials were sent for Chemical examination, P.W.6 Forensic Export and P.W.6 Assistant Director, who examined all the materials, has given an opinion that all the materials were used for printing industries and the report of the same was marked as Ex.P.13, which reads as follows:
"1.Items 1, 2 and 3 are used as solvents for resins, dyes, facts, printing inks, paints, etc.,
2.Item 4, Hydrochloric acid is a corrosive acide. On inhalation of acid vapours or on contact, the acid caused grievous injuries which may endanger human life.
3.Items 5, 6 and 11 are printing inks and item 9 is a surface coating agent.
4.Item 7, drying oil is a printing ink vehicle.
5.Item 10 is commercially known as Thinner, and is used as a diluent for printing ink, paints etc.,
6.Item 8 Hydrogen peroxide is used as a bleaching and oxidizing agent.
7.All the above itmes are used in printing industry.
8.Items were numbered in this laboratory."
Even though some film roles and negatives were seized, the same were not sent for Chemical examination. Hence, in the absence of any proof of the printing materials, which is said to have been seized from the house of A4 were used to print counterfeit currency notes, A4 cannot be convicted under Section 489(A) and (B) IPC.
28.Insofar as the offence under Section 489(C) IPC is concerned, the counterfeit currency notes seized from A4 were sent for Chemical analysis to the Government of India, Madhyapradesh (page No.131) and a report to that effect is also marked as Ex.P.19. The said report clearly shows that all the currency notes were counterfeit currency notes and hence, the prosecution has proved the fact that A4 was in possession of the counterfeit currency notes, with the knowledge that the same are counterfeit currency notes. Hence, A4 is to be convicted under Section 489(C) IPC.
29.Insofar as the quantum of sentence is concerned, since A4 is not having any bad antecedent and that he has already been in incarceration for more than 27 months, this Court is of the view that while confirming the conviction under Section 489(C) of IPC, the sentence awarded could be modified into one, the period of imprisonment already undergone by him.
30.The Criminal Appeal in Crl.A.(MD)No.125 of 2006 filed by A2 is allowed and the conviction and sentence imposed on him by the First Additional Assistant Sessions Judge, Tirunelveli are set aside and he is acquitted from all the charges.
31.The Criminal Appeal in Crl.A.(MD)No.172 of 2007 filed by A4 is partly allowed by setting aside the conviction and sentence imposed on him under Section 489(A) and 489(D) IPC, but confirming the conviction under Section 489 (C) IPC, however, the sentence is modified into one already undergone by him. Further, A4 is directed to pay fine amount of Rs.5,000/- in default to undergo 4 months R.I.
32.The Criminal Appeal in Crl.A.(MD)No.156 of 2006 filed by A1 is dismissed as abated and the fine amount if any paid is ordered to be refunded.
To The First Additional Assistant Sessions Judge, Tirunelveli.
.