BALAI SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. A. Acharjee, learned counsel appearing for the accused-appellant as well as Mr. S. Ghosh, learned Addl. P.P. appearing for the State-respondent.

(2.) The instant appeal has been filed under Section 374 of the Cr.P.C. against the impugned judgment of conviction and sentence dated 03.04.2019 passed by learned Sessions Judge, South Tripura, Belonia in case No.ST 43(TYPE-II) of 2016, whereby and whereunder, the accused-appellant has been convicted under Section 489(C) of IPC and sentenced to suffer R.I. for four years and to pay a fine of Rs.15,000/- with default stipulation.

(3.) The brief facts are that, on 24.01.2013 at around 08.25 hours, the informant S.I. Bimal Baidya along with P.S. staff laid an ambush on the road near Giridhari Palli on the basis of secret information that one person, namely, Balai Saha was proceeding towards Belonia with one bike carrying huge fake currency notes and likely to cross the road leading towards Giridhari Palli. At around 11.30 hours, the informant saw one blue colour Yamaha motorbike bearing No. TR-03- 9437 was proceeding towards Giridhari Palli. The informant and his staff stopped the bike and being enquired, the accused-person disclosed his name as Balai Saha. In the meantime, few nearby persons gathered there and in presence of them, the informant searched the accused-person and found 29 nos. of Indian currency notes which he suspected to be forged. The informant detained the accused-person although the accused tried to damage the said currency notes, but failed. Accordingly, the informant seized those currency notes and the motorbike and brought the accused-person to the police station.