SANTI TARAFDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is preferred against the Judgment and the order dated 30.08.2010 and 31.08.2010, respectively, by learned Additional Sessions Judge, F. T. Court No. I, Ranaghat, Nadia in Sessions Trial No. 8(7)2008 arising out of Sessions Case No. 56(6)2008 and thereby convicting the appellant under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for six years and to pay a fine of Rs.5,000/-. The case of the prosecution before the Trial Court, succinctly, is that on 20.03.2008 on receiving a secret information from the duty officer of Gangnapur Police Station, the Officer-in-Charge of the police station had been to Aishmali Purba Para near Boys Club along with three constables and one N.V.F. at about 18.15 hour. At 18.35 hours, they found the appellant coming towards Aishmali Bazar. After identification by the source, the Officer-in-Charge of the police station, i.e. Biplab Gangopadhyay apprehended the appellant near Boys Club and in course of interrogation came to know the name of the appellant and his address. The appellant disclosed that he had fish business at Aishmali Bazar. Two local people, namely, Swapan Sadhukhan and Abhijit Sadhukhan were asked to remain present when the appellant was searched. On searching, two numbers of one thousand rupee denomination Indian currency note and thirty seven numbers of one hundred rupee currency note, appeared to be fake, were recovered from the possession of the appellant. Those fake currency note were seized under seizure list on spot in presence of seizure witnesses. The seized currency note were packed, sealed and leveled on spot. Thereafter, S. I., Biplab Gangopadhyay gone to the police station and lodged one F.I.R. and endorsed the case for investigation in favour of S. I., Nil Madhav Nandi. The appellant who was arrested on spot was produced in the police station together with the seized currency notes in a sealed packet at the time of lodging the F.I.R. A case, accordingly, was started being Gangnapur Police Station Case No. 47/2008 dated 20.03.2008 under Section 489B and 489C of Indian Penal Code against the appellant. The case was investigated into by Nil Madhav Nandi, S. I. of Police (P.W. 7) who on completion of investigation filed charge-sheet against the appellant under Sections 489B and 489C of Indian Penal Code.

(2.) The appellant was arrayed to face charge under Sections 489B and 489C of Indian Penal Code to which he pleaded not guilty and as a consequence, the trial commenced. In all, seven witnesses were examined on behalf of the prosecution. The seizure list, F.I.R., Memorandum of arrest, sketch map of place of occurrence, report of expert etc. were admitted into evidence on behalf of the prosecution and marked exhibit in course of trail. No evidence was adduced on behalf of the appellant as his defence in course of trial. However, he took a plea in course of his examination under Section 313 Cr. P. C. that he had been running fish business in Gangnapur market and he was implicated falsely by his rival business group with whom the police official had collusion.

(3.) The learned Trial Court, upon consideration of the evidence on record, oral and documentary, came to a conclusion that the prosecution established the case against the accused under Section 498C of Indian Penal Code. Accordingly, the learned Trial Court convicted him for committing offence under Section 498C of Indian Penal Code and passed the sentence which is impugned in this appeal.