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Showing contexts for: 489d in Chennimalai Gounder, K. Kandaswamy, ... vs State, Represented By Inspector Of ... on 10 June, 2002Matching Fragments
1. Between the years 1972 and 1975, at various places including Kerala and Tamil Nadu, A.1 to A.15, originally accused before the lower Court entered into a conspiracy to counter-feit 10 rupee currency notes and in pursuance of the conspiracy, they acquired materials for counter-feiting currency notes and they printed counter-feit currency notes. Therefore, they were charged for the offences under Sections 120B, 489A, 489B, 489C and 489D.
2. P.W.1 was a photographer running a photo studio on lease. He knew fourth accused; fourth accused introduced first accused to P.W.1 and he asked him to take a photograph of 10 rupee note for the purpose of making a block for printing. First and fourth accused went to the field of ninth accused and they manufactured block. Thereafter, they purchased chemicals for printing at Coimbatore and other places and photo lenses were also purchased at various places including Coimbatore, Palani, Madurai and Dindigul. In the year 1975, eleventh accused purchased a hand-printing machine. Thereafter, making use of the printing machine and blocks, they printed counter-feit currency notes, in a house at N.G.O. Colony, Dindigul and after printing the counter-feit notes, they were circulated.
4. The Second Additional Assistant Sessions Judge, Coimbatore framed charges for various offences and on the evidence available on record, the trial Court found all the accused, except A.3, A.10, A.13 and A.15, guilty under Section 120B I.P.C., read with Sections 109, 120B, 489A, 489B, 489C and 489D. and sentenced A.1 to undergo R.I for one year for each count for the offence under Section 489D (9 counts), seven years R.I for the offence under Section 489A and three years R.I for the offence; under Section 489C; sentenced A.2 to undergo R.I for two years under Section 120B, five years R.I for the offence under Section 489A, one year R.I for the offence under Section 489D (5 counts); sentenced A.4 to undergo R.I for two years, five years R.I under Section 489D and imposed a fine of Rs.250/- and in default to undergo three months' simple imprisonment; sentenced R.5 to undergo R.I for two years under Section 120B, R.I for three years for the offence under Section 109 read with Section 489A, two years R.I for the offence under Section 489C, one year R.I for each count for the offence under Section 109 read with 489D(2 counts) and imposed a fine of Rs.250/- and in default to undergo three months' simple imprisonment and R.I for one year R.I for each count for the offence under Section 489D (2 counts); sentenced A.6 to undergo R.I for two years for the offence under Section 120B, four years R.I for the offence under Section 489A, imposed a fine of Rs.250/- and in default to undergo three months' simple imprisonment, R.I for two years under Section 489C, R.I for one year for the offence under section 109 read with 489D, R.I for one year for each count for the offence under Section 109 read with Section 489D (2 counts); sentenced A.7 to undergo R.I for two years for the offence under Section 120B, R.I for four years for the offence under Section 489A, R.I for one year for the offence under Section 489C, one year R.I for the offence under Section 109 read with Section 489D, one year R.I for each count for the offence under Section 489D (2 counts), imposed a fine of Rs.250/- for the offence under Sections 489A and 489D and in default to undergo three months' simple imprisonment; sentenced A.8 to undergo one year R.I for the offence under Section 489C; sentenced A.9 to undergo R.I for two years for the offence under Section 120B, one year R.I for the offence under Section 489C, one year R.I for the offence under Section 489D and imposed a fine of rs.250/- and in default, to undergo three months' simple imprisonment; sentenced A.11 to undergo R.I for two years under Section 120B, R.I for one year for each count for the offence under Section 109 read with Section 489D, R.I for three years for each count for the offence under Section 489D (2 counts), imposed a fine of Rs.250/- and in default to undergo three months' simple imprisonment; sentenced A.12 to undergo R.I for two years for the offence under Section 120B, one year R.I for the offence under Section 489D, one year R.I for each count for the offence under Section 109 read with 489D; sentenced A.14 to undergo R.I for two years for the offence under Section 120B, one year R.I for each count for the offence under Section 109 read with Section 489D (4 counts) and imposed a fine of Rs.250/- and in default to undergo three months' simple imprisonment; all the sentences imposed against the respective accused were to run concurrently.
9. The lower Appellate Court has found that the accused-6 and 7 were printing the notes and the fifth accused was also aiding him. Therefore, it held that the accused-6 and 7 were guilty of the offence under Section 489A and the 5th accused was guilty of 489 I.P.C. read with Section 109 I.P.C. From the seizure of M.O.39, papers for printing counterfeit notes and M.O.42, counterfeit notes from the 6th accused, the offence under Section 489C is proved against A.5 and A.6. A.7 was found to be in possession of 10 rupee counterfeit notes and when he was arrested, he was in possession of counterfeit notes and on the confession of A.7, a tin containing 25 nos. of 10 rupee counterfeit notes were recovered. Therefore, the offence under Section 489C was held proved against A.7. A.9 was found in possession of 25 nos. of 10 rupee notes and on his confession, another 25 counterfeit notes kept by him in his shed was recovered. Therefore, the evidence under Section 489A is proved against 9th accused. A.11 was arrested by P.W.18 and on his confession, he took the Investigating Officer and produced the printing machine M.O.26 concealed in hay-stack. Further, A.11 took the Investigating Officer to Numbermuthur village and from that place where he pointed out , M.O.136 series was seized. Therefore, against 11th accused, the offence under Section 489D is proved. From the evidence of P.W.2 it is seen that P.W.2 went along with A.14 to Coimbatore and met A.12 at Ananda Photo Studio at Peelamedu; A.12 and A.14 were discussing for some time. Thereafter, they left for Madurai. In the meanwhile, A.12 gave papers kept ready for printing counterfeit notes. From the evidence of P.W.12 , the lower Court has found A.12 and A.14 aided for manufacturing of three sets of blocks for counterfeit.