M.R. Hariharan Nair, J.

1. The appellant was the accused in S.C. No. 103/89 of the Sessions Court, Kollam, and he has been convicted for the offence under Secs. 489-B and 489-C of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and three years respectively for the two offences.

2. The prosecution case was that at about 2 p.m. on 20-6-1983, the accused went over to the shop of RW. 1 and after purchasing four Thoshiba Anand batteries worth Rs. 13.20 from the shop, tendered a 100 rupee note, the genuineness of which P.W.1 suspected. The accused immediately tried to get back the currency note. In the meantime, P.W.3 - Sub Inspector of Police.

who was going along the road, noticed a commotion in front of the shop and he caught hold of the accused straightaway and after preparing a mahazar, took him to the Police Station and registered the case.

3. Sri. S. Gopakumaran Nair, who appeared for the appellant, submitted that even accepting the version of P.W.1, there is no sufficient evidence to find the accused guilty of the two offences.

4. On the arguments advanced in the case, the points that arise for decision are:

(1) Whether the accused has committ