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2003 Supreme(Mad) 630

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.D. DINAKARAN
L.V.Anandan & Others - Appellant
Versus
State - Respondents
Criminal Appeal Nos.433, 436, 437 & 551 of 1995
Decided On : 10 April 2003

Advocates Appeared:For the Petitioner:Mr.K. Thennan,Mr. Mohan, Mr.M. Muniratna Naidu, Mr.A. Thangamani, Advocates. For the Respondents:Mr.V. Jayaprakash Narayanan, Govt. Advocate (Crl.Side).

Evidence of approver if be worthy of credit can be considered favourably.

Headnote:Evidence Act, 1872-Sections 114, Illustration (b) and 133-Consideration of approvers evidence-Held, it is not illegal to convict accused on the basis of testimony of approver of the same be worthy of credit-However, evidence of independent witness implicating the accused is necessary as a matter of evidence.

Judgment :-

Heard.

I - DETAILS OF THE JUDGMENT UNDER CHALLENGE

2.1. For the purpose of convenience, the parties are arrayed as per their rank before the trial Court.

2.2. The appellants in these appeals are fourth, second, third and first accused respectively in S.C.No.25 of 1993 on the file of III Additional Sessions Judge, Madras.

2.3. The appellants are convicted and sentenced by judgment dated 27.4.1995 in S.C.No.25 of 1993, as follows.

(i) the first accused therein (appellant in C.A.No.551/95) was convicted for the offences punishable under Sections 120-B r/w 489-A, 489-C and 489-D IPC and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.5000/-, in default, to undergo two years rigorous imprisonment for the said offence; and also convicted for the offence punishable under Section 489-C IPC and sentenced to undergo five years rigorous imprisonment for the same; and directed both the sentences to run concurrently;

(ii) the second accused (appellant in C.A.No.436 of 1995) was convicted for the offences punishable under Section 120-B r/w 489-A, 489-C and 489-D IPC and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.5000/-, in default to undergo two years rigorous imprisonment for the said offence; and also convicted for the offence punishable under Section 489-D IPC and sentenced him to undergo seven years rigorous imprisonment for the same; and directed both the sentences to run concurrently;

(iii) the third accused (appellant in C.A.No.437 of 1995) was convicted for the offences punishable under Section 120-B r/w 489-A, 489-C and 489-D IPC and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.5000/-, in default to undergo two years rigorous imprisonment for the said offence; and also convicted for the offence punishable under Section 489-C and 489-D IPC and sentenced to undergo five years and seven years rigorous imprisonment for the said offences respectively; and directed all the sentences to run concurrently; and

(iv) the fourth accused (appellant in C.A.No.433 of 1995) was convicted for the offences punishable under Sections 120-B r/w 489-A, 489-C and 489-D IPC and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.5000/-, in default to undergo two years rigorous imprisonment for the said offence; and also convicted for the offences under Section 489-A IPC and sentenced for seven years rigorous imprisonment for the same; and directed both the sentences to run concurrently.

II - THE CASE OF THE PROSECUTION - IN BRIEF

3.1. The case of the prosecution, in brief, is stated as follows:

On receiving secret information, the investigating officer (PW19) conducted a raid at the house of Rajan Chettiar at No.6, Palaiamman Koil Street, Villivakkam, Chennai, between 1.30 pm and 3.00 pm on 3.8.1982. During his search, he recovered eight bundles of counterfeit US Dollars of 20 denomination (MOs.4 to 11), under Mahazar (Ex.P1) in the presence of one Thiruvengadam (PW3).

3.2. Immediately, a complaint was lodged which was registered as FIR (Ex.P28) in Crime No.32 of 1982 on the file of Inspector of Police, CBCID, Madras - 4.

3.3. Based on the information furnished by Rajan Chettiar, P.W.19 proceeded to Golden Cafe lodge at Poonamallee High Road, Chennai, and reached the lodge at 4.30 p.m. on 3.8.1982, conducted a search at Room No.72, in the presence of one P.S.Kumar (P.W.4), the Manager of Golden Cafe Lodge and arrested the first and fourth accused and recovered three bundles of counterfeit US Dollars of 20 denomination (MO14) under Mahazar (Ex.P2) in the presence of PW4.

3.4. On the basis of the confessional statement obtained from the first accused (Ex.P29), P.W.19 proceeded to Canara Timber Corporation, No.176, Sydenhams Road, Periamet, Chennai, a shop owned by Ravindran (P.W.1), and recovered five bundles of counterfeit US Dollars of 20 denomination (MO1 series) from PW1, under Mahazar (Ex.P30) in the presence of Thirumal and Jain.

3.5. From Canara

















































































































































































































































































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