JUDGMENT

Dalip Singh, J. - These four appeals will be disposed of in one judgment. Bhoja, accused, has been convicted by the learned Magistrate under Section 243, I.P.C. and sentenced to three years rigorous imprisonment. Mt. Kalli has been convicted under Section 243, I.P.C., and sentenced to five years' rigorous imprisonment. Vaina Ram has been sentenced to seven years" rigorous imprisonment under Sections 232/235 and 243, I.P.C. Mt. Sonhi has been sentenced under Section 232 to two years" rigorous imprisonment.

2. The facts as shown by the prosecution evidence are as follows; Bhairo Singh alias Baina (P.W. No. 8) is a boy of eight years who lives with the four accused above named who are related as follows: Vaina Ram is the husband of: Mt. Sonhi, Mt. Kalli is his paternal aunt and Bhoja is the son of Mt. Kalli Bhairo has given evidence showing that all the four accused used to take part in counterfeiting King's coin. He further informed the police that the day before, the arrest, which took place on 1st June, 1927, Mt. Kalli had sold eight rupees four-annas worth of counterfeit four anna and two-anna bits to one Gulzari Lal. Gulzari Lal has appeared in evidence and has corroborated the statement, and he further produced a box containing four anna and two anna bits which the treasurer, also a prosecution witness, declares to be counterfeit coin. The learned Magistrate also finds that they are counterfeit coin and that it is apparent to the eye. Bhairo Singh further deposes that on the day of the arrest Bhoja was given Rs. 3 by Vaina Ram accused to be taken to Shahzad (P.W. No. 2).

3. The Inspector deposes that Shahzad came to him on 31st of May and told him that there was a gang of coiners about the place who were making counterfeit four anna bits. That same day Shahzad showed him two counterfeit four anna pieces. According to Shahzad these had been obtained from Bhoja. The Inspector told Shahzad to get some more counterfeit coin and the Inspector and some constables went and waited on the 1st June morning at the shop of Shabzad who is a pan seller and who told the Inspector that the coiners would appear at his shop for the purpose of selling counterfeit coin. No coiner appeared and finally Shahzad went off to see what the matter was and returned with Bhoja and Bhairo Singh. On the person of Bhoja being searched Rs. 3 were found and these have been declared by the treasurer to be counterfeit coin. Bhairo Singh proceeded to make a statement which has already been related. The police then proceeded to Gulzari Lal's shop where they got counterfeit four anna pieces, etc., from him. The police then raided the house accompanied by some witnesses and Mt. Sohni and Vaina Ram were actually found making counterfeit coin, and mould together with some metal and other instruments for counterfeiting coin were found in their possession.

4. I see no reason to disbelieve this evidence against Vaina Ram and Mt. Sohni, and Vaina Ram admits a previous conviction under Section 2352/235. I, therefore, consider the case against Vaina Ram and Mt. Sohni fully proved under Section 243, and it is also fully proved against Vaina Ram under Section 232/235. The sentences are by no means severe and I dismiss their appeals.

5. As regards Mt. Kalli the evidence of Bhairo Singh and of Gulzari Lal shows that she actually passed counterfeit coin and I do not consider that the sentence is severe in her case and I, therefore, dismiss her appeal also. She might have been convicted under Section 240, I.P.C. but the sentence is anyhow adequate.

6. Against Bhoja the evidence of the Inspector Nur Muhammad shows that he was in possession of Rs. 3 counterfeit coin. The evidence of Bhairo shows that he used to assist in making these counterfeit coins and, therefore, he knew that these coins were counterfeit, and were to be passed on to Shahzad. I therefore, consider that he has been rightly convicted under Section 243. The learned Magistrate has refused to send him to a refor