FAJAR ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Debbarma, learned counsel appearing for the appellant as well as Mr. S. Ghosh, learned Addl. P.P. and Mr. S. Debnath, learned Addl. P.P. appearing for the State-respondent.

(2.) This appeal is directed against the judgment and order of conviction and sentence dated 01.08.2018 passed by learned Sessions Judge, Gomati Judicial District, Udaipur, in case No.S.T.15(GT/U) of 2016, whereby and whereunder the convict-appellant has been convicted under Section 489- B of IPC and sentenced him to suffer rigorous imprisonment for seven years with a fine of Rs.10,000/- with default stipulation and further sentenced him under Section 489-C of IPC to suffer rigorous imprisonment for five years for the said offence and it was directed that both the sentences shall run concurrently.

(3.) FIR No. 155 of 2014 dated 05.10.2014 was registered by the officer-in-charge of Kakraban Police Station against the appellant-Fajar Ali for allegedly committing offence under Section 489-B of the IPC. One Charu Miah lodged a complaint with the police station, inter alia, stating that on 18.09.2014 at about 7.00 A.M. he sold two numbers of cows for a consideration money of Rs.33,500/-. The appellant had given Rs.33,000/- of 1000 denomination and one number of Rs.500/- denomination. On 26.09.2014, his daughter was admitted to hospital out of labour pain and at that time with the advice of the doctor he went to purchase medicine from a nearby medicine shop. He offered Rs.1000/- currency note to the shop-keeper when the complainant was informed that it was a fake currency note. He informed the matter to the local leaders. All the currency notes were lying with him.