JUDGMENT

Abdul Raoof, J. - Darsha Nana, Bishen Das and Bhagat Singh were charged under Section 235 and 232, Indian Penal Code, with being in possession of implements and materials for counterfeiting King's coins and with actually counterfeiting King's coins. They have been found guilty under both the sections. Darsha Nand has been sentenced to seven years rigorous imprisonment under each of the charges and the sentences have been ordered to run separately and consecutively. Bhagat Singh has been sentenced to five years' rigorous imprisonment on each count and in his case the sentences are made to run concurrently. Bishen Singh has also been sentenced to two years' rigorous imprisonment on each count and in his case also the sentences are made to run concurrently. Two of the convicted persons, namely, Bhagat Singh and Bishen Das, have filed separate appeals. Darsha Nand has not appealed.

2. The case for the prosecution was that in the village of Shahpur Kaudi there is a Dharamsala belonging to one Kanshi Ram (P.W. No. 11). The Dharamsala is in a dilapidated condition and is situated at some distance from the city. It is surrounded by a thick cactus hedge. All the three accused lived in the Dharamsala. The accused are said to be Sadhus. They were seen loitering about in the city making purchases but were not seen begging. This aroused the suspicion of the Police. The Head Constable in charge of the Police howki at Shahpur Kaudi sent Constable Arjan Singh (P.W. No. 12) to the Dharamsala to make enquiries about the three men Arjan Singh after making enquiries reported at the Thana that the so-called Sadhus were apparently persons who were counterfeiting coins as he had seen moulds, etc., for counterfeiting coins. Thereupon the Head Constable called the Lambardar the Choukidar and a respectable shop-keeper and taking Arjan Singh and some other Police Constables with him went to the Dharamsala. There the three accused were found Seated under the cover of some bushes and trees at a short distance from the Dharamsala. Numerous articles suitable for counterfeiting coins were found there, such as moulds, a sieve, some wet clay and eartheu pitchers, etc. A long list of the articles found was prepared and it is on the record as Exhibit P.C. Two boxes, one wooden and another made of tin, were found in the Dharamsala, one of which belonged to Bhagat Singh and the other to Bishen Das. On a search being made of the persons of the accused a puree was found in the possession of Bishen Das. This contained two keys and a counterfeit four-anna piece. The wooden box belonging to Bishen Das was opened with one of the keys and in addition to other articles one eight anna piece and three two anna pieces were found in it. The evidence of Bhai Indar Singh. Treasurer, Gurdaspur, shows that all these coins were counterfeit. An examination of the list, Exhibit P.C. clearly shows that all the articles mentioned therein were used for the purpose of counterfeiting coins. This list was carefully prepared and was signed by respectable witnesses. Subsequently, enquiries were made in the bazar and a number of witnesses came forward to prove that Sadhus had made purchases from them and produced certain coins which had been given to them by the accused as the price of the articles purchased. These coins, also according to the evidence, were found to be counterfeit. Bishen Das accused pointed out the spot from which 18 eight-anna pieces were dug out. They were all counterfeit coins.

3. On the evidence there can be no possible doubt as to the fact that all the three accused were in possession of the articles for counterfeiting coins and that they had actually counterfeited coins. Having regard to the facts disclosed in the evidence the conclusion is irresistible that they were all in joint possession of these articles.

4. The accused admitted that all the articles recovered were found as disclosed in the evidence, but they stated that they had no knowledge of them and ha