K.N. Srivastava, J. - (1.) THIS is an appeal against the judgment and order passed by Sri Visheshwar Prasad Mathur, First Assistant Sessions Judge, Fatehpur, convicting the Appellant Under Section 243 IPC and sentencing him to 5 years' Rule I.
(2.) THE facts giving rise to this appeal are as follows: The Appellant had a liquor shop in Ghazipur town which is situated in district Fatehpur. He had his residential house close to his shop. Information was given to the police that I the Appellant was in possession of counterfeit coins which he had with him to*pass them on as genuine. On this information the house and the liquor shop of the Appellant was searched. Nothing was recovered from the shop: In one of the kothris of the house the Appellant had kept a box. He had locked it and the key of the lock was with the Appellant. The Appellant handed over the key of the lock with which it was opened. From this box 960 counterfeit coins of the denomination of 10 naiye paise and 160 coins of the denomination of 5 naiye paise were recovered, in presence of; witnesses. The recovery memo of these counterfeit coins was prepared. The Appellant was taken into custody. A case Under Section 243 IPC was then registered against the Appellant. The police investigated the case and after completing the investigation challenged the Appellant. The Appellant was tried and was convicted and sentenced as stated above. In support of its case the prosecution examined Rafiq, Ram Kishore, Sheo Lal, S.I. Alauddin and other witnesses whose statements are more or less formal in nature.
(3.) THE Appellant denied the charge and pleaded not guilty. The Appellant did not lead any evidence in his defence.;