Evidentiary value of the testimony of the Police officer.

These revision petitions are preferred by the accused in Sessions Case No. 13 of 1970 on the file of the Assistant Sessions Judge, Alleppey. Crl.R.P. No. 119 of 1971 is by accused Nos. 2 and 4 and Crl.R.P. No. 127 of 1971 is by accused Nos. 1 and 3. They were convicted by the learned Assistant Sessions Judge and sentenced under section 120(B) read with section 489(B) and section 489(C) of the Indian Penal Code. All the accused (accused Nos. 1 to 4) have been convicted under section 120(B) read with section 489(B) and sentenced to rigorous imprisonment for a period of two years each. Accused Nos. 1 and 3 have been further convicted under section 489(C) and sentenced to rigorous imprisonment for a period of two years each. Accused No. 1 has further been convicted under section 420 read with section 511 of the Indian Penal Code and sentenced to rigorous imprisonment for two years. The sentences have been directed to run concurrently. The conviction and sentence have been confirmed in appeal by the Sessions Judge of Alleppey.

2. The prosecution case stated briefly is as follows: Accused 1 to 4 along with accused 5 and 6 who have been acquitted, were charged by the Central Bureau of Investigation, Special Police Establishment, Cochin for offences falling under sections 489(C), 489(B) and 420 read with section 120(B) and 489(B) and (C) read with section 511, Indian Penal Code. The prosecution alleged that the six accused persons conspired together in room No. 41 of Narasimhapuram Lodge at Alleppey, and at the surrounding places on 31st August, 1969 and on 1st September, 1969 with the object of committing acts falling under sections 489(C) and (B) and 420, Indian Penal Code, and entered into an illegal agreement with P.W. 1 Ramanandan, Sub-Inspector of Police/CBI/SPE/Cochin who had posed himself as the son of a rich planter, to exchange counterfeit currency notes of 2-rupee denomination for genuine notes of the same denomination. The agreement was that the accused would part with such counterfeit notes worth Rs. 75,000 in exchange for genuine notes of the same denomination worth Rs. 25,000. P.W. 1 had earlier met the 3rd accused at Pachalam near Ernakulam and had enquired of him if he could supply counterfeit notes in exchange for genuine notes. P.W. 1 who had distinguished himself as the son of a planter, told the 3rd accused that counter feit notes were required for distribution among the employees of his estate towards their wages. Third accused told P.W. 1 that he was not possessed of any counterfeit currency but to his knowledge such false currency could be had from accused Nos. 1, 2, 4 and 5 who were residing at Alleppey. This interview between P.W. 1 and 3rd accused took place on 30th August, 1969. As instructed by 3rd accused. P.W. 1 went to Alleppey the next day and presented himself at the Narasimhapuram Lodge at about 7 p.m. 3rd accused was already waiting there and he took P.W. 1 to room No. 41 of the Lodge where accused Nos. 1, 2, 4 and 5 were present. He introduced P.W. 1 to them. 3rd accused then told P.W. 1 that he had discussed the matter already with them and that further details could be talked over by P.W. 1 himself. P.W. 1 accordingly told the accused that he had come to purchase counterfeit notes. 5th accused then told P.W. 1 that they had only counterfeit notes of 2-rupee denomination and they were prepared to exchange two such notes for one genuine note. P.W. 1 then wanted them to show him specimen notes that they had. At the bidding of 5th accused 4th accused took out from the pouch of his belt a bundle containing about one hundred 2-rupee currency notes and handed them over to P.W. 1 who on scrutiny found that they were counterfeit notes of good imitation. P.W. 1 returned the notes and told the accused that he could raise Rs. 25,000 immediately if they were prepared to exchange at the rate of 3 counter-feit notes for one genuine. The accused thereupon went out of the room and conspired between them for