TIKU SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 29th September, 2012 passed by the learned Additional Sessions Jude, Fast Track 2nd Court, Malda convicting the appellants for commission of offence punishable under Section 489(C) of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 6,000/ - each in default, to suffer rigorous imprisonment for six months more.

(2.) THE prosecution case as alleged against the appellants is that one ASI Suman Kr. Singha of English Bazar police station (P.W. 1) on 5th March, 2012 around 17.00 hours in course of anti crime duty received an information from a reliable source that two persons were coming from Kaliachak side to Rathbari bus stand along with fake Indian Currency notes (FICN for short). On the basis of such information, he along with constable 672 Ashit Saha (P.W. 4) constable Upendra Nath Tewari (P.W. 7), NVF Rafiqul Islam went to Rathbari more at 17.30 hours and waited for the miscreants. They received information from the source that the suspect persons had got down from the bus at hospital more and after hearing the said information they rushed to the hospital more at 17.45 hours. The source pointed out the two suspects from a considerable distance. They detained the suspected persons in front of the hospital main gate and apprised the fact to two local persons namely Mithu Sk (P.W. 2) and Kanu Das and requested them to join search. Thereafter P.W. 1 along with his party interrogated the suspects and they disclosed their identity but were unable to explain why they had come there. Thereafter they searched the suspects in the presence of witnesses and recovered FICNs of denomination Rs. 500/ - totalling Rs. 6,000/ - from the pocket of the appellant and FICNs of denomination of Rs. 500/ - totalling Rs. 5,000/ - from Mrinal Debnath. Original Indian Currency of Rs. 150/ - from the pockets of accused persons was also recovered. On further interrogation the accused persons disclosed that they had to Malda to tender FICNs to various shops as genuine. The FICNs were seized in the presence of witnesses under seizure list and were labelled. The accused persons were arrested and taken to police station along with the seized alamat.

(3.) P .W. 1 prepared the written complaint at the police station and on the basis of such written complaint, Englishbazar Police Station Case No. 157 of 2012 dated 05.03.2012 under Section 489(B)/489(C)/511 of the Indian Penal Code was registered for investigation. In conclusion of investigation charge -sheet under Section 489(B)/489(C)/511 of the Indian Penal Code was submitted before the learned Chief Judicial Magistrate, Malda. The case being sessions triable one was committed to the Court of sessions, Malda and was transferred to the learned Additional Sessions Judge, Fast Track 2nd Court, Malda for trial and disposal. Charge was framed against the appellants under Section 489(B)/489(C)/511 of the Indian Penal Code. The appellants pleaded "not guilty" and claimed to be tried. In the course of trial the prosecution examined eight witnesses and exhibited a number of documents including the expert opinion (Exhibit -6) that the 23 pieces of FICNs seized from the appellants were not genuine. The defence of the appellants was one of innocence and false implication. In conclusion of trial, the Trial Judge by judgment and order dated 29.09.2012 convicted the appellants for commission of offence punishable under Section 489(C) of the Indian Penal Code. The appellants were however, acquitted under Section 489(B)/511 of the Indian Penal Code.