JHANTU SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 29.11.2011 and 30.11.2011 passed by the learned Additional District and Sessions Judge, Fast Track 3rd Court, Jangipur, Murshidabad in Sessions Trial No. 4/May/2011 arising out of Sessions Serial No. 63/2011 convicting the appellants namely Jhantu Sk., Safikul Islam and Safikul Islam, son of Late Abdul Sattar for commission of offence punishable under Section 489B/498C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for life and pay a fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for one year more for the offence punishable under Section 489B of the Indian Penal Code and to suffer rigorous imprisonment for seven years and pay a fine of Rs.10,000/- each, in default, to suffer rigorous imprisonment for 1 year more for the offence punishable under Section 489C of the Indian Penal Code and further convicting Safikul Islam, son of Late Abdul Sattar (appellant in CRA 93 of 2012) for commission of offence punishable under Section 14 of the Foreigners Act and directing him to suffer rigorous imprisonment for 5 years and pay a fine of Rs.10,000/-, in default, to suffer simple imprisonment for one year more. All the sentences shall run concurrently.

(2.) Prosecution case as alleged against the appellants, is to the effect that on 24.08.2010 S.I. Dipak Kumar Das (PW 7) attached to Sagardighi Police Station received source information and upon diarising it as Sagardighi Police Station GD Entry No.1321 dated 24.08.2010, he along with others proceeded to Sagardighi Cattle Haat to work out the information. Upon arrival at the spot, the source identified the appellants and they were intercepted. On interrogation, the appellant disclosed their identities. One of them was a Bangladeshi national. In the presence of witnesses, search was conducted and upon search a sum of Rs.15,000/- in Currency Notes of denomination of Rs.500/- each suspected to be fake was recovered from the Bangladeshi National. Similar currency notes amounting to Rs.5,000/- each were recovered from the possession of the other appellants. The currency notes were seized in the presence of witnesses under a seizure list. Thereafter, the said notes were packed, sealed and labeled and signatures of accused persons were obtained on the labels. Accused persons along with the seized currency notes, suspected to be fake, were taken to the police station. On the written complaint of PW 7, Sagardighi Police Station Case No.368/2010 dated 24.08.2010 under Section 489B/489C/34 of the Indian Penal Code was registered against the appellants.

(3.) Pw 13 dispatched the seized currency notes for forensic examination and on receipt of the report (exhibit 7) showing that they were fake, charge-sheet was filed against the appellants.