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High Court of Kerala
K. Sadasivan, J.
Ahammed Kunju & Ors - Appellant
Versus
State - Respondent
Crl.A. No. 154 of 1970
Decided On : 28-01-1971
JUDGMENT - COUNTERFEITING TWO-RUPEE CURRENCY NOTES - CONSPIRACY - SECTIONS 120B, 489B, 489C IPC - HELD, AGREEMENT TO DO ILLEGAL ACT IS GIST OF OFFENCE OF CONSPIRACY - COMMON DESIGN AND COMMON INTENTION OF ALL TO WORK IN FURTHERANCE OF COMMON DESIGN IS ESSENTIAL - NEW TECHNIQUES MAY BE INVENTED AND NEW MEANS MAY BE DEVISED FOR ADVANCEMENT OF COMMON PLAN - SUBSEQUENT RECRUITS TO CONSPIRACY CANNOT ESCAPE BY SAYING THAT DESIGN ENTERTAINED BY CONSPIRATORS AT INITIAL STAGES WAS NOT KNOWN TO HIM - ALL ACCUSED WHO HAVE PARTICIPATED IN ANY STAGE OF CONSPIRACY MUST BE HELD LIABLE UNDER SECTION 120B IPC - CIRCUMSTANCES PROVED CONNECT PARTICULAR ACCUSED WITH CONSPIRACY - CONFESSIONS OF ACCUSED NOS. 2 AND 7 - HELD, VOLUNTARY AND TRUE - RETRACTION OF CONFESSIONS - HELD, DOES NOT AFFECT VOLUNTARY NATURE OF CONFESSIONS - CONFESSIONS CAN BE ACTED UPON WITH SLIGHT EVIDENCE TO CORROBORATE IT - RETRACTED CONFESSION REQUIRES GENERAL ASSURANCE THAT RETRACTION WAS AN AFTER-THOUGHT AND EARLIER STATEMENT WAS TRUE - EVIDENCE OF ACCOMPLICES - HELD, UNACCEPTABLE WITHOUT CORROBORATION - RECOVERY OF COUNTERFEIT NOTES FROM GROCERY SHOP OF ACCUSED NO. 22 - HELD, ADMISSIBLE UNDER SECTION 27 OF EVIDENCE ACT - STATEMENT OF ACCUSED NO. 9 LED TO DISCOVERY OF ACCUSED NO. 22 - STATEMENT OF ACCUSED NO. 22 LED TO RECOVERY OF COUNTERFEIT NOTES - HELD, STATEMENT OF ACCUSED NO. 22 FALLS UNDER SECTION 27 OF EVIDENCE ACT - CONVICTION OF ACCUSED NO. 22 UPHELD - CONVICTION OF ACCUSED NO. 25 SET ASIDE - EVIDENCE LACKING TO CONNECT ACCUSED NO. 25 WITH ALLEGED UTTERING OF NOTES - CONVICTION OF ACCUSED NO. 14 SET ASIDE - EVIDENCE INSUFFICIENT TO FIX UPON ACCUSED NO. 14 AS PERSON WHO HAD PURCHASED RICE - CONVICTION OF ACCUSED NO. 10 UPHELD - CIRCUMSTANCES CONNECT ACCUSED NO. 10 WITH UTTERING OF COUNTERFEIT CURRENCY - CONFESSIONS OF ACCUSED NOS. 11 AND 12 - HELD, CAN BE RELIED ON FOR FINDING ACCUSED NO. 10 GUILTY.
Fact of the Case:
The case involved a conspiracy to counterfeit two-rupee currency notes. The prosecution alleged that the conspiracy originated in the minds of the first accused, second accused, and two absconding accused, and that other accused were subsequently recruited into the conspiracy. The accused were charged with various offences, including counterfeiting, possession of counterfeit notes, and trafficking in counterfeit notes.
Finding of the Court:
The court found that the accused had entered into a conspiracy to counterfeit two-rupee currency notes. The court relied on circumstantial evidence, including the purchase of materials used in counterfeiting, the installation of a press, and the printing of counterfeit notes, to establish the conspiracy. The court also found that the accused had possessed and trafficked in counterfeit notes. The court convicted the accused of the various offences with which they were charged, except for four accused who were acquitted.
Issues: 1. Whether the accused had entered into a conspiracy to counterfeit two-rupee currency notes. 2. Whether the accused had possessed and trafficked in counterfeit notes.
Ratio Decidendi: 1. The court held that the agreement to do an illegal act is the gist of the offence of conspiracy. Common design and common intention of all to work in furtherance of the common design is essential. New techniques may be invented and new means may be devised for advancement of common plan. Subsequent recruits to conspiracy cannot escape by saying that design entertained by conspirators at initial stages was not known to him. All accused who have participated in any stage of conspiracy must be held liable under section 120B IPC. 2. The court held that the evidence of accomplices is unacceptable without corroboration. The recovery of counterfeit notes from the grocery shop of accused No. 22 is admissible under section 27 of the Evidence Act. The statement of accused No. 9 led to the discovery of accused No. 22. The statement of accused No. 22 led to the recovery of counterfeit notes. Therefore, the statement of accused No. 22 falls under section 27 of the Evidence Act.
Final Decision: The court convicted the accused of the various offences with which they were charged, except for four accused who were acquitted.
K. Sadasivan, J.
1. These appeals have been preferred by the various accused in Sessions Case No. 21 of 1970 on the file of the Sessions Court of Quilon. Criminal Appeal 154 is by accused No. 25; No. 155 by accused No. 12; No. 156 by accused Nos. 3, 157 by accused No. 14; No. 158 by accused Nos. 1, 7 and 21; No. 159 by accused No. 22; No. 161 by accused Nos. 4 and 9; No. 162 by accused No. 8; No. 168 by accused No. 15; No. 181 by accused No. 2; No. 214 by accused No. 6; No. 224 by accused Nos. 5,11,19, 23 & 24; No. 242 by accused No. 10 and No. 26 by accused No. 17. There were, on the whole 29 persons in the array of accused, of whom one died and 3 are absconding. Of the 25 accused who were put on trial, four have been acquitted and they are accused Nos. 13, 16, 18 and 20. The accused were charged with the offence of counterfeiting two-rupee currency notes in pursuance of a conspiracy for the purpose. The case of the prosecution is that the conspiracy first dawned in the minds of accused Nos. 1 and 2 and the absconding accused Sivanandan and Kunju of Mayyanad. They met in the second accused's Rajan Bakery at Anchalummood at Quilon, in or about 1967 and in the course of their activities in furtherance of the conspiracy, the 1st accused sought the assistance of accused No. 15, one Raghavan alias Bose and through him secured the services of Purushothaman Pillai alias Master (since deceased) from whom M.Os. 41 to 44 and 151 zinc plates were procured. M.Os. 3 and 4 blocks, made in zinc plates were engraved by Purushothaman Pillai in a building obtained from P.W. 6 the President of Thrikkaruva Panchayat. The building was obtained possession of from P.W. 6 by the 1st accused who was his classmate and friend. The funds for the project were raised at the initial stages by the sale of a property belonging to the 7th accused's wife (the 7th accused is the brother-in-law of the 1st accused). The 2nd accused and Sivanandan the absconding accused (they are brothers) also raised some money by pledging ornaments through the help of P.W. 7, a pansupari merchant opposite the second accused's shop. In addition, the 3rd accused Ramachandran Pillai also contributed monies for the success of the enterprise by selling an item of property that he had. The sale was effected by his power holder P.W. 14. While their activities were thus in progress P.W. 6, the owner of the building some how got information about it and to ascertain the truth about the matter, he one day made a surprise visit of the building and saw in one of the rooms, M.Os. 3 and 4 plates and other materials placed in a deal wood box, intended for the making of counterfeit currency notes. He could not tolerate it and he at once asked them to quit the house. They accordingly vacated the building; but that did not discourage or deter them, from proceeding with their nefarious undertaking. Accused No. 2 and Kunju of Mayyanad were sent by the 1st accused to Sivakasi for the purchase of ink and paper. They went to Sivkasi on 21st February 1968 and stayed in Sree Venkiteswara Lodge belonging to P.W. 15, Karuppayya Nadar. The address furnished by them to the proprietor of the lodge was 'Vasudevan, Ran Bakery, Mavelikkara'. On 22nd February 1968, two reams of Westcost Special Bond Paper was purchased by them from Krishna Paper Stores belonging to P.W. 16, and letter press ink of different colours was purchased from "Three Yes Traders"t there. The ink was purchased under the bogus name 'Vasudevan Printing Press, Alleppey.'
2. The blocks attempted by them at first were found defective and not up to the mark. So the services of the 4th accused Anandan, a photographer at Oachira were sought. He supplied M.O. 53 series blocks, 5 in number. Accused No. 5 Sivasankara Pillai, a binder and accused No. 6 Sasi who was working as am assistant in a press, were also brought into the conspiracy and with their help accused Nos. 1 and 2 and Purushothaman Pillai proceeded to Oachira in a taxi car to purch
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