The main legal point established in the judgment is the requirement for admissible evidence to prove criminal conspiracy and the involuntary nature of confessional statements due to irregularities in recording and lack of corroboration.

Headnote:
CONSPIRACY - Counterfeiting of Currency Notes - S.120-B, 489-A, 489-D - The court discussed the evidence and found that there was no proof of criminal conspiracy. The recoveries made in the case were also found to be inadmissible under S.27 of the Evidence Act. The confessional statements were deemed involuntary due to irregularities in recording and lack of corroboration. The accused were acquitted.
Fact of the Case:

The accused were convicted and sentenced under S.120-B, 489-A, and 489-D of the IPC for their involvement in a conspiracy to counterfeit two rupee currency notes and traffic in the same. The prosecution presented evidence of the accused's activities related to purchasing materials, engraving plates, printing notes, and making recoveries.
Finding of the Court:

The court found that there was no evidence to connect the accused with criminal conspiracy. The recoveries made in the case were deemed inadmissible under S.27 of the Evidence Act. The confessional statements were found to be involuntary due to irregularities in recording and lack of corroboration. As a result, the accused were acquitted.
Issues: The main issue was the proof of criminal conspiracy and the admissibility of recoveries and confessional statements as evidence.
Ratio Decidendi: The court held that there was no proof of criminal conspiracy and the recoveries made in the case were inadmissible under S.27 of the Evidence Act. The confessional statements were deemed involuntary due to irregularities in recording and lack of corroboration.
Final Decision: The conviction and sentence of the accused were set aside, and all the appeals were allowed. The accused were acquitted and set at liberty forthwith.

Judgment :-

1. These appeals are by the accused in S. C. 74 of 1968 on the file of the Sessions Judge of Trivandrum against the conviction and sentence passed on them under S.120-B, 489-A and 489-D of the I. P. C. Accused Nos. 1, 5 and 6 have been sentenced to Rigorous Imprisonment for five years under S.489-A and accused Nos. 2, 3, 4, 7 and 8 sentenced to Rigorous Imprisonment for three years each under the same section. Accused 1, 5 and 6 have been further sentenced to Rigorous Imprisonment for five years under S.489-D and accused 2, 3, 4, 7 and 8 to a further term of Rigorous Imprisonment for three years each under above the above section. Accused 1, 5 and 6 have been further sentenced to Rigorous Imprisonment for five years under S.120-B and the other accused to Rigorous Imprisonment for three years. Sentences are to run concurrently. Criminal Appeal No. 99 is by the 1st accused, 106 by the 7th accused, 116 by the 3rd accused, 123 by the 4th accused, 137 by accused 2,5 and 6, and 144 by accused No. 8.

2. The prosecution case is that accused 1, 5, 6 and 8 entered into a conspiracy in June 1967 to commit the offence of counterfeiting two rupee currency-notes and to traffic in the same. In furtherance of the conspiracy the 5th accused purchased 4 kilograms of type metal (antimony) from the shop of Pw6 for making blocks for counterfeiting. With the type metal the 5th accused got 4 plates cast by Pw 3 and 4 days thereafter accused Nos. 5 and 6 together went to Pw3 and got 3 more similar plates made by him. The plates were intended for engraving the blocks of two rupee currency-notes and the 6th accused started engraving the plates for counterfeiting. The tools for engraving were made by one Subramonian Asari at the behest of accused 5 and 6. The 6th accused continued the work of engraving for about a month supervised by accused 1, 5 and 8. While the engraving work was in progress, accused Nos. 1, 5 and 6 started looking for a second-hand treadle press and finally fixed upon the one owned by Pw4 at Ambasamudram. That was purchased through a broker, Pw 10. The press was then transported from Ambasamudram to 'Lakshmi Vilas' the residence of the 1st accused. There, the press was re-assembled by accused 1, 5, 5 and 8 and it was made fit for printing the notes. Accused 5 and 6 then purchased printing ink of different colours, the ink reducer and sunlit bond paper from the Travancore Paper Mart, Trivandrum, and one tin of light rose printing ink from Vidyadiraja Paper Depot, Trivandrum. All these were then taken to the residence of the 1st accused and there incomplete two rupee currency notes called by the witnesses as "proof notes" were printed by accused 1, 5, 6 and 8 somewhere in August 1967 or beginning of September, 1967. Accused 2, 3, 4 and 7 and one other accused absconding and another Velayudhan Achari since deceased, joined the conspiracy in December, 1967 or January 1968 and by the joint effort of all these accused the process of printing two rupee currency-notes went on at'Lakshmi Vilas' the residence of 1st accused till the beginning of March 1968. The crime was detected by the Deputy Superintendent of C. I. D. Crime Branch who gave the F. I. Statement, Ext. P66 before the Neyyattinkara Police. The F. I. R. Ext. P67 was prepared by the Station Officer. The Deputy Superintendent of Police assisted by pws 41 and 42, the Sub Inspector of Police Neyyattinkara and Assistant Commissioner of Police, Trivandrum respectively, conducted the investigation and filed the charge.

3. In the course of the investigation some recoveries were made. The Dy. S. P. Pw43 went to the residence of the 1st accused on 22 31968 and recovered 31 small parts of the printing press as also a letter, under Ext. 13 search list. A photo of the 1st accused was also seized from there. 1st accused's house was found locked and had to be broken open with the help of a blacksmith. One Bhaskaran Nair brother-in-law of the 1st accused was present at the scene. Anothe

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1969 Supreme(Ker) 201

The main legal point established in the judgment is the requirement for admissible evidence to prove criminal conspiracy and the involuntary nature of confessional statements due to irregularities in recording and lack of corroboration.

Cases Referred (2)