ESTAB ALI Vs. STATE

JUDGEMENT

(1.) The appellant called in question the judgment and order of conviction dated 27.05.2013 and 28.05.2013 by the learned Additional Sessions Judge, Fast Track, 3rd Court, Malda in S.T. No. 55/2011 by which the learned court has convicted him holding him guilty under Sections 489B and 489C of the Indian Penal Code read with Sections 25 of the Arms Act. According to the appellant, the learned trial court failed to appreciate the evidence of the prosecution witnesses in its true spirit. Had he given his anxious consideration, finding would be otherwise.

(2.) Before delving into the merit of the appeal, factual scenario which has been culled out from the seminal facts of the prosecution and which is the essence of finding him guilty, is required to be revisited.

(3.) According to the prosecution case, on 15.03.2010 at about 2.30 A.M. the Company Commander, 15th Battalion, BSF lodged one FIR before the I.C. of Kaliachak P.S., Malda stating that on the basis of a secret information, they conducted a joint raid in the house of the accused and during search operation, fake Indian currency notes to the tune of Rs. 53000/- alongwith an automatic 9mm pistol, two magazines and one live ammunition and one automatic pistol of 7.65mm with two magazines and 5 live ammunitions were recovered from the spot. After arresting the said accused, the BSF Personnel went to Kaliachak P.S., Malda and lodged the FIR. The defence case as it appears to me from the trend of cross-examination and examination of the accused under Section 313 of the Code of Criminal Procedure is his innocence and that he has been falsely implicated. However, the I.O. has taken up the investigation and after completion of investigation submitted charge sheet against the accused.