ANUKUL SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Court is hearing this appeal as against the judgment and order of conviction dated 19th December, 2009 and 21st December, 2009 respectively passed by the learned Additional Sessions Judge, Fast Track Court-I, Dinhata, Cooch Behar, in Sessions Trial No. 2(XI) of 2006 arising out of Sessions Case No.179 of 2006 in which the present appellant was convicted in respect of both the charges punishable under Sections 489B and 489C of the Indian Penal Code (hereinafter called as the said Code). The imprisonment, which the learned Court awarded, is stated below: For Section 489B rigorous imprisonment for four years with fine of Rs.5000/-, in default to suffer rigorous imprisonment for three months; For Section 489C rigorous imprisonment for four years with fine of Rs.3000/-, in default to suffer rigorous imprisonment for three months. Section 428 of Cr.P.C. was made applicable and it was also ordered that both the sentences would run concurrently.

(2.) The case as unfolded at the time of trial can be stated in brief thus. On 05-08-2005, S.I. Prabir Biswas of Dinhata P.S. (P.W.4) received a source information that two persons with a violet colour Bajaj C.T. 100 motor cycle without any registration number would be near Burirhat Bazar with fake Indian currency note and to work for source information, he left the police station after making a G.D. Entry being No. 265 dated 5-8-2005 at 12-15 p.m. and proceeded to Burirhat Bazar along with six other police men in three motor cycles. The police party spotted the motor cycle which matched with the description as given by the source. Two persons were riding the said motor cycle and seeing the police party, they started fleeing away and after a hot chase the motor cycle was apprehended on the village road at Purba Vulki in front of the house of Sudhir Adhikary (P.W.2). The P.W.2 disclosed his identity and told the accused persons as to their right to get him searched before he started searching the accused persons. On search which was done in presence of the independent witnesses, i.e., P.W.1 and P.W.6, from the possession of the present appellant, Anukul Sarkar, five suspected fake Indian currency notes (hereinafter called as FICN) were recovered all of 2BW series. The notes were wrapped up in a Bengali newspaper. Admittedly, no label was put on the notes. Thereafter, relying on the statement of the present convict-appellant, another Sankar Dey of Alipurduar was arrested. This Court is not going to consider that episode that is during the trial that Sankar Dey absconded and the case had to be filed for the present as against the said accused after he was declared as proclaimed offender. Seizure was made in respect of those five "FICNs" including that Bengali newspaper and also that violet colour Bajaj C.T. 100 motor cycle without any registration number. The said seizure list was marked as Ext.2. Both the accused persons were arrested and were taken to the police station and P.W.4 being the de facto complainant lodged one written complaint disclosing the incident to the Inspector-in-Charge, Dinhata, District: Cooch Behar giving rise to Dinhata P.S. Case No. 201 of 2005 dated 5-8-2005 under Sections 489B and 489C read with Section 34 of the said Code. The matter was investigated by P.W.7, Joydeep Modak. During the course of investigation, he forwarded this "FICNs" including the other "FICNs" seized from the absconding accused to the expert for opinion as regards those suspected Bank notes and the opinion was received which was marked as Ext.7 under Section 292 of the Cr.P.C. The case ended in charge sheet against the three accused persons. The accused no.1 being the present appellant one accused was acquitted and other accused absconded. The case was committed to the Court of Sessions and the Sessions Case referred to above was registered and the case was transferred to the learned Additional Sessions Judge, Fast Track Court-I, Dinhata and Sessions Trial No. 2(XI) 2006 was registered. After charge was framed against all the three accused persons in respect of the offences punishable under Section 489B and 489C of the said Code, accused persons pleaded not guilty and claimed to be tried.

(3.) I have already said that accused no.3, Sankar Dey, absconded. Accused No.2, Dulal Barman, was acquitted and the present accused was convicted and I have already noted the sentence which was awarded by the learned Trial Court. Before the learned Trial Court as many as 7 witnesses were examined and other documents were marked as Exbts including the report of the expert, seizure list and rough sketch map etc.