TINKARI DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The appeal is directed against the judgement and order dated 16.04.1987 passed by the learned Sessions Judge, Howrah convicting the appellant for commission of offence punishable under Section 489B, 489C and 489D of the Indian Penal Code and sentencing him to suffer simple imprisonment for five years and to pay a fine of Rs.1,000/- in default simple imprisonment for six months more for the offence under Section 489B, simple imprisonment for three years for the offence punishable under Section 489C of the Indian Penal Code and to suffer simple imprisonment for five years and also to pay a fine of Rs.200/- in default to suffer simple imprisonment for one month for the offence punishable under Section 489D of the Indian Penal Code, all the sentences of imprisonment to run concurrently.

(2.) The prosecution case, as alleged, against the appellant is to the effect that on 27.03.1983 the appellant purchased meat from the shop of one Bhola Singh at Kadamtala Bazar and tendered a counterfeit 100 rupee note to the shop-keeper and thereupon when Bhola raised hue and cry the appellant tried to flee away. Bhola accosted him and upon search another counterfeit 10 rupee note was recovered from the possession of the appellant. The appellant was handed over by the local people to the police and pursuant to his statement seizures were made of torn currency notes, coloured pencils, gum, lotion from his house. On the statement of Bhola Singh First Information Report was registered and upon completion of investigation charge-sheet was filed against the appellant under Sections 489A, 489B, 489C and 489D of the Indian Penal Code. Case was committed to the Court of Sessions and charges under the aforesaid Section were framed. Appellant pleaded not guilty and claimed to be tried. During trial prosecution examined as many as eight witnesses. The defence of the appellant was one of innocence and false implication. He did not examine any witness in support of his contention. In conclusion of trial the learned Trial Judge by order dated 16.04.1987 convicted and sentenced the appellant, as aforesaid. The appellant was, however, found not guilty of the charge under Section 489A of the Indian Penal Code.

(3.) On further search another fake 10 rupee note was recovered from his pocket. P.W. 1 handed over the said notes to the police at Bantra Police Station and the First Information Report signed by him (Ext. 1/1) which was lodged by this witness at the Police Station marked. He identified the two fake notes (marked Ext. I & II). P.W. 2 deposed that on 27.03.1983 he was at Kadamtala when he heard that Bhola Singh was shouting that the note was a bad note etc. he found the accused was fleeing away and then he along with others caught him. All of them went to the police station and saw only 100 rupee note and no other note. P.W. 5 is a vegetable vendor at Kadamtala bazar. His shop is situated near the meat shop of Bhola Singh. He deposed that on 27.03.1985 he heard hue and cry to the effect that one person was fleeing away after tendering a forged note and he then rushed and caught the accused and upon searching his pocket another fake 10 rupee note was recovered from his pocket. Then they went to Bhola Singh who reported to them that the accused had given him one forged 100 rupee note and then that person was taken to the police station where the police officer seized the notes and prepared seizure list. P.W. 6 is a hotel owner of that bazar. He stated about the hue and cry. On hearing hue and cry he found a person was fleeing away. They chased him and recovered a 10 rupee note from his pocket and Bhola Singh stated to them that the said person tendered to him one forged 100 rupee note towards the price of the meat purchased by him and the accused was taken to the police station and was handed over to the police. Bhola Singh signed on the seizure list. P.W. 7 was a Sub Inspector of police who was attached to Bantra Police Station at the material point of time. On 27.03.1985 at that date at about 7.15 p.m. Bhola Singh along with others brought the appellant to the police station. Bhola Singh lodged First Information Report which was recorded by him as Ext. 1/1. He filled up the First Information Report. The seized two forged notes recovered from the possession of the accused and prepared seizure list marked as Ext. 2/1. Investigation was endorsed to him and he examined witnesses. On the statement of the appellant he went to his residence at 53/2/3, Brojonath Lahiri Lane under Police Station Shibpur, District- Howrah and there in the presence of witnesses the accused brought out some incriminating articles from his almirah in his bed room such as tin box containing coloured pencil, scissors, many torn notes placed in the folds of different periodicals marked as Exbt. V and Exbt. VI. He seized them under seizure list singed by him (Ext. 3/3). Apart from that, various currency notes including torn pieces of currency notes in a polythene bag were also recovered and seized under a seizure list also signed by him marked as Ext. 4/3 and 5/3. He prepared sketch map of the place. Investigation was subsequently handed over to CID. P.W. 8 is the CID Inspector who conducted the investigation of the case. He obtained report from the Nasik with regard to the seized notes and submitted charge-sheet. He exhibited the expert opinion marked as Ext. 8 and 8/1. P.W. 3 and P.W. 4 are the seizure list witnesses of the seizure at the residence of the appellant.