MANIRUL SK @ KALU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant assailing the judgement and order dated 17th January, 2017 and 18th January, 2017 passed by the learned Additional Sessions Judge, Jangipur, Murshidabad in Sessions Serial no. 215 of 2014 (C.I.S. No. 1488/14), Sessions Trial No. 03/09/2014, whereby the learned Judge convicted the appellant for the commission of offence punishable under Sections 489B/489C of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 5,000/-; in default to suffer simple imprisonment for 3 months for the offence under Section 489B of the Indian Penal Code and further sentenced the appellant to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 3000/-, in default to suffer simple imprisonment for 2 months for the offence under Section 489C of the Indian Penal Code and directed that the sentences shall run concurrently.

(2.) The case of the prosecution in brief is that the de facto complainant received an information that one person was roaming at 'Madna More' with huge amount of Forged Indian Currency Notes (F.I.C.N). Accordingly, he diarized the information at Aahiron O.P. being G.D.E. no. 203 dated 28th April, 2014 and informed the incident to the Officer-in-Charge and with his verbal consent the de facto complainant along with two Constables namely, Ganapati Barman and Sunil Barman proceeded towards the place of occurrence. On the way the de facto complainant contacted with two disinterested persons namely, Bulu Sk and Selim Sk and informed them about the purpose in which they agreed to become witnesses. Accordingly, at about 21 hours they reached Madna More and found one person standing at some distance and with secret source he was identified. As soon as the police proceeded towards him, he started to flee away, but somehow such person was apprehended. The police disclosed their identity and in presence of the witnesses, the de facto complainant searched the said person and recovered 43 pieces of fake note for denomination of Rs. 500/- each in the right pocket pant of the said person. On interrogation he confessed that currency note are fake and he was carrying the said F.I.C.N. for passing the same as genuine. Accordingly, the seized articles were properly sealed and labelled. It was further stated that one old injury on his left foot and left leg and on producing him along with seized articles before the Officer-in-Charge, Suti Police Station, he lodged the instant complaint.

(3.) On the basis of a suo motu written complaint lodged by Akshoy Paul, Inspector-in-Charge of Ahiron Out Post of Suti Police Station, Murshidabad, a criminal case, being Suti Police Station Case no. 134 of 2014, dated 28th April, 2014 was registered for investigation of the appellant. The investigation was started and after completion of investigation, the Investigating Officer submitted charge sheet, where charges were framed under Sections 489B and 489C of the Indian Penal Code against which the appellant pleaded not guilty and claimed to be tried.