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1971 Supreme(Kar) 360

IN THE HIGH COURT OF MYSORE
C. Honniah, J.
In Re: Basi Reddy and others —Respondent
Decided on : 10-08-1971

The main legal point established is the requirement of a common design and intention for a criminal conspiracy, the need for corroboration of accomplice evidence, and the necessity of conscious possession of counterfeit currency notes to establish guilt.

Headnote:

Conspiracy - Indian Penal Code - Section 120-B, Section 489-C - Summary of Acts and Sections

Fact of the Case:

The appellants were convicted under Section 120-B of the Indian Penal Code for hatching a conspiracy to circulate fake currency notes. The prosecution alleged that the appellants were found in possession of counterfeit currency notes and had conspired to traffic in them.

Finding of the Court:

The court found that the prosecution failed to establish the charge of conspiracy against any of the accused. It also acquitted the accused of the charge under Section 489-C read with Section 120-B of the Indian Penal Code.

Issues: The main issue was whether the accused had hatched a conspiracy to traffic in counterfeit currency notes and possess them.

Ratio Decidendi: The court emphasized that a criminal conspiracy requires a common design and intention among all conspirators to work towards a common purpose. The court also highlighted the need for corroboration of accomplice evidence and the requirement of conscious possession of counterfeit currency notes.

Final Decision: The court acquitted all the accused of the charge of conspiracy under Section 120-B of the Indian Penal Code and the charge under Section 489-C read with Section 120-B. The conviction and sentence against one appellant were confirmed, while the appeals filed by the other appellants were allowed.

JUDGMENT

C. Honniah, J.—These appeals arise out of the judgment of the Sessions Judge. Bellary. in Sessions Case No. 21 of 1969, convicting appellants 1, 2 and 4 under Section 120-B of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 500/-with a default sentence, convicting appellants 1 and 2 under Section 489-C read with Section 120-B of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 3 years and further convicting appellant 3 under Section 489-C of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 3 years, The learned Sessions Judge acquitted appellant 4 of the charge under Section 489-C read with Section 120-B of the Indian Penal Code and directed the sentences to run concurrently. Aggrieved by this decision, A-2 and A-3 have filed Criminal Appeal No. 184 of 1970. A-l has filed Criminal Appeal No. 185 of 1970 and A-4 has filed Criminal Appeal No. 200 of 1970.

2. The facts relating to the prosecution of these 4 accused briefly stated are these: A-l Thimappa was a resident of Yerragunta village in Rayadurga taluk of Ananthpur District. A-2 Basava Reddy and A-3 Thimmappa son of Ramappa were residents of Kappa-gal in Bellary District at the relevant time. A-2 was living in a locality called Cowl Bazaar in Bellary town. A-4 Venkatappa Chowdry was a resident of Ananthpur. One Venkatarama Reddy who is stated to be still absconding was a resident of Konavaripalli near Tadapatri in Cuddapah District. Govinda Reddy. P. W. 7 at the relevant time was residing at Voddahatti and before that he was residing at Cowl Bazaar of Bellary town. He is related to A-2.

3. The case of the prosecution was that in the first week of December 1966 A-2 went to the house of Govinda Reddy P. W. 7 and showed him a currency note of the denomination of Rs. 5/- and offered to give similar notes to the latter in the ratio of 2 :1 on questioning A-2 from whom he was getting such notes, A-2 went out and brought A-l to the house of Govinda Reddy, A-l showed one Rs. 5/- note to Govinda Reddy and according to the evidence of Govinda Reddy it was a regular currency note. A-l informed Govinda Reddy that such notes were available with A-4 at Ananthpur. On the same day A-l and Govinda Reddy went to Ananthpur. Govinda Reddy had taken, with him Rs. 500/- in cash, They went to the house of A-4. After a talk between A-l. and A-4, A-4 told A-l and Govinda Reddy to stay on that night and that he would meet them on the following day. On the next day, A-4 took A-l and Govinda Reddy to a School where A-l asked A-4 to give currency notes to Govinda Reddy. A-4 told him that the notes that were with him were exhausted and that he had got only one of that kind and having said so showed it to Govinda Reddy. Govinda Reddy asked A-4 to get such notes. On the assurance of A-l Govinda Reddy gave Rs. 500/-. A-4 asked A-l and Govinda Reddy to wait for him near the hotel and that he would bring the currency notes there.

Some time later A-4 met them and told them that the person, with whom the notes were, was out of station, and had gone to bring such currency notes and would be coming within a day or two. Govinda Reddy requested A-4 to return Rs. 500/- but A-4 promised that he would bring the currency notes to Bellary, On his assurance A-l and Govinda Reddy returned to Bellary the next day. Govinda Reddy waited for a week but A-l and A-4 did not turn up. Therefore he approached A-2 and asked him to accompany him to Ananthpur. A-2 could not accompany him as he was not free.

Govinda Reddy alone went to Ananthpur and there he was not able to meet A-4 as he was out of Ananthpur. Govinda Reddy left his address in the house of A-4 and requested the ladies in the house to intimate A-4 soon after his arrival to write to him (Govinda Reddy). 3 or 4 days later, Govinda Reddy received an express letter, which is not marked in this case, by which Govinda Reddy was















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