RAJA ALIAS RAJU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE appeals arise out of a judgment and order dated 14th september 2004 and 15th September 2004 passed by the learned Additional district and Sessions Judge 5th fast Track Court. Calcutta, in Sessions Trial no. 2 (3) of 2004 arising out of Sessions case No. 28 of 2004 convicting the appellant Md. Raja @ Raju for offences punishable under Sections 489b and 489c of the Indian Penal Code. The appellant Md. Islam @ Chattu was convicted under Section 489c of the Indian Penal Code. The appellant Md. Raja was sentenced to suffer rigorous imprisonment of 10 years as also to pay a fine of Rs. 10,000/-, in default to suffer simple imprisonment for six months for the offence punishable under section 489b of the Indian Penal code and to suffer rigorous imprisonment for a period of 5 years as also to pay a fine of Rs. 5,000/ -. in default to suffer simple imprisonment for three months for the offence punishable under Section 489c of the Indian Penal Code. Both the substantive sentences were directed to run concurrently. The appellant islam was sentenced to suffer rigorous imprisonment of 5 years as also to pay a fine of Rs. 5,000/ -. in default to suffer simple imprisonment for a period of three months for the offence punishable under Section 489c of the Indian penal Code. The appeal preferred by Md. Raja has been registered as Criminal appeal No. 638 of 2004. The appeal preferred Md. Islam has been registered as Criminal Appeal No. 643 of 2004.

(2.) BRIEFLY stated the prosecution case is as follows :-On 9th November 2003 at about 6. 20 P. M. on the northern side footpath of the crossing of Madan Mohan Barman street and College Street, the accused md. Raja purchased two kilograms of apples from the P. W. 7 Abbas. The accused gave the fruit-seller a one-hundred rupee note. The fruit-seller Abbas (P. W. 7) refused to accept the note on the ground that it appeared to be fake. The accused Md. Raja entered into an altercation. As a result a crowd collected near the fruit stall of Abbas (P. W. 7 ). P. W. 1 sub-Inspector Salil Kr. Roy along with another officer and constables, at the aforesaid time, were on patrol duty. P. W. 1 intervened. After ascertaining the facts and circumstances he searched the person of the accused Md. Raja, after affording an opportunity to the accused to search the person of the p. W. 1. Upon search being conducted, 102 pieces of currency notes of rs. 100/- denomination were found from the left side pocket of the trouser of the accused md. Raja. The notes appeared to the P. W. 1 to be forged. He seized the notes and took the accused in custody. On 11th November 2003 P. W. 5 sri Siddhartha Banerjee, a sub-inspector of police started interrogating the accused md. Raja at 11. 30 P. M. During such interrogation the accused Md. Raja told him that his associate Md. Islam procured the counterfeit currency notes and he could lead the P. W. 5 to the house of the said Md. Islam. On that basis at 1. 00 A. M. on 12th November 2003 the P. W. 5 set out from the police station along with police force and arrested the said Md. Islam from his residence. On 14th November 2003 during interrogation by the Sub-Inspector sambhunath Ghosh (P. W. 8) the accused md. Islam disclosed that some counterfeit currency notes were lying at his residence and he could lead him to his residence where the counterfeit currency notes were lying. The accused Islam was accordingly taken to his residence by the P. W. 8. The accused brought out 19 pieces of Rs. 100/- denomination currency notes which were lying concealed below the gaddi of his cot. P. W. 8 seized the aforesaid notes. All the notes were sent for examination by the deputy Commissioner, Detective Department, calcutta to the India Security press, Nasik. The notes were reported to be counterfeit. The reports have been marked exts, 6 and 7.

(3.) WE shall now examine the evidence on the record in order to satisfy ourselves that the prosecution has been able to prove its case against the appellants beyond any reasonable doubt. It may be pointed out that the appellant Md. Islam was enlarged on bail by an order dated 5th October 2004. The appellant Md. Raja was granted interim bail on 22nd March, 2006 for a month on the ground of demise of his mother. He did not thereafter surrender. Warrant of arrest has been issued but he could not be arrested. Since both the appeals were listed we have appointed mr. S. G. Mukherjee, learned Advocate who had earlier appeared for the appellant Md. . Raja to represent him by way of legal aid.