LAWS(CAL)-2022-11-33

TIPU SULTAN Vs. STATE OF WEST BENGAL

Decided On November 03, 2022
Tipu Sultan Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and order of conviction and sentence dtd. 11/4/2019 and 12/4/2019 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Jangipur, Murshidabad in Sessions Trial No.01(09)/2018 arising out of Sessions Case No.58 of 2018 convicting the appellant for committing offence under Ss. 489B and 489C of the Indian Penal Code (IPC) and sentencing him to suffer rigorous imprisonment for seven years and for five years respectively for the offence under Ss. 489B and 489C IPC with further sentence of payment of fine with default clause on both the courts.

(2.) In Sessions Trial No.01(09)/2018, charge under Ss. 489B and 489C IPC was framed against the accused/appellant on the allegation that while working out a source information, S.I Bibekananda Mondal of Farakka P.S apprehended the accused from a place near NTPC Junction at Farakka. The said Police Officer conducted search of the person of the accused and recovered 36 numbers of Fake Indian Currency Notes of Rs.2000.00 denomination. The said Fake Indian Currency Notes (FICN) were seized by S.I Vivekananda Mondal in presence of other police personnel and independent witnesses at the spot and the accused was arrested.

(3.) The informant lodged a formal complaint in the police station, on the basis of which Farakka P.S Case No.12 of 2018 under Ss. 489B and 489C of the IPC was registered on 9/1/2018 against the accused. Investigation of the case was taken by S.I Badal Mondal of Farakka P.S. On completion of investigation, police submitted charge sheet against the accused on the basis of the evidence collected by the Investigating Officer. The prosecution examined 8 witnesses to prove the charge against the accused.