SATYANARAYAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Appellant has approached this court being aggrieved by the judgment and order dtd. 30/8/2017 and 31/8/2017 passed by the learned Additional Session Judge, 2nd Court, Malda in Sessions Trial no. 17/2014 arising out of Sessions Case No. 13 of 2014 convicting the appellant for commission of offence punishable under Ss. 489C of the Indian Penal Code and under sec. 25(1)(AA) and 25 (1-B)(a) of the Arms Act and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.15,000.00, in default, to suffer rigorous imprisonment for 1 year more for the offence punishable under Sec. 489C of the Indian Penal Code, to suffer rigorous imprisonment for life and to pay a fine of Rs.30,000.00, in default, to suffer rigorous imprisonment for 2 years for the offence punishable under sec. 25(1)(AA) of the Arms Act and to suffer rigorous imprisonment for 3 years and also pay a fine of Rs.5,000.00, in default, to suffer rigorous imprisonment for six months for the offence punishable under sec. 25(1-B)(a) of the Arms Act with a direction all the sentences shall run concurrently.

(2.) Prosecution case as alleged against the appellant is to the effect that on 13/9/2013 at 2.15 pm one Sujit Kr. Ghosh, I/C Malda Town GRPS (PW 1) received credible information from a source that one person carrying FICNs and ammunition was waiting in the 2nd class waiting room of platform No. 1 at Malda Town Railway Station. He diarized the information. Thereafter, he left the police station with his team to work out the information. On the way he intimated the matter to one Dilip Chowhan, Station Manager of Malda Town Railway Station (PW 4), and one labour contractor Rajkumar Paswan @ Kalu (PW 6) and requested them to join the raiding party. In the waiting room, the source identified the suspect who was carrying a greenish coloured trolley bag. They surrounded the suspect who disclosed his identity as the appellant. Upon search, currency notes suspected to be fake to the tune of Rs.15,000.00 comprising of 30 pieces of Rs.500.00 denomination each, 610 rounds of 7.62 mm live cartridge, 10 rounds of live cartridge of.303, 15 rounds live cartridge of.9 mm, one empty magazine of AK 47 Rifle were recovered from the bag. A seizure list was prepared with regard to the aforesaid seizure. The seized items were sealed and labeled. The appellant was arrested. The seized consignment along with appellant was brought to the police station.

(3.) On a written complaint prepared by one Shankar Deb, ASI, Malda Town GRPS (PW 2) upon the dictation of PW 1, Malda Town GRPS case no. 35 of 2013 dtd. 13/9/2013 under Sec. 489A, 489B, 489C, 25 (1)(AA) and 25(1-B)(a) of the Arms Act was registered for investigation.