BADSHA MIAH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Challenge in this appeal is the judgment and order of conviction and sentence dated 07.10.2015 passed by the Learned Sessions Judge, South Tripura, Belonia in connection with case No. S.T.58(ST/B) of 2013 whereby and whereunder the convict-appellant was sentenced to suffer rigorous imprisonment for 5(five) years and also to pay a fine of Rs.5,000/- with default stipulation for committing offence under Section 489-B of IPC. Further, he was sentenced to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Rs. 3,000/- with default stipulation for committing offence under Section 489-C of IPC.

(2.) The prosecution case was lodged on the basis of a complaint made by one Gouranga Batta, President of Brahma Puja Utsav Committee stating inter alia that on 20.12.2012 at about 1900 hours one Sadhan Ch. Shil Sharma appeared in the office of Brahma Puja Utsav Committee with one Rs. 500/- note with a view to exchange it from the cashier of the Utsav committee. Suspecting that the said Rs. 500/- note was fake and on being asked, the said Sadhan Ch. Shil Sharma disclosed that he received the same from Badsha Miah, the appellant herein. Badsha Miah was called on to the Utsav Committee and from him nine more fake notes of Rs.500/- denomination each were recovered. Upon receipt of that complaint, the investigation of the case was commenced and the fake currency notes were seized. The statements of the available witnesses were recorded and after completion of investigation, the investigating officer submitted the charge-sheet against the appellant.

(3.) Being committed to the Court of learned Sessions Judge, South Tripura, the case was transferred to the Court of Addl. Sessions Judge, Belonia, South Tripura who had framed the following charges against the appellant, which are as follows:-