ABDUL SATTAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and order dated 10th September, 1990 passed by the Ld. Sessions Judge, Malda in connection with Sessions Case No. 105/88 (ST No. 14/90), wherein the Ld. Sessions Judge was pleased to hold the appellant guilty under Sections 489B and 489C of the Indian Penal Code (IPC) and sentenced him to suffer Rigorous Imprisonment for 4(four) years and to pay fine of Rs. 1000/- in default 6(six) months Rigorous Imprisonment for the offence punishable under Section 489B and imposed similar sentence for the offence under Section 489C of the IPC. The Ld. Trial Court further directed the sentences to run concurrently.

(2.) The prosecution case in short is that one Haripada Sarkar lodged a written complaint with the Officer-in-Charge, English Bazar Police Station on 6th November, 1986 alleging that he is a poor rice seller, who purchases small quantity of paddy for husking the same at Tulsi Rice Mill in front of Malda College. On 6th November, 1986 one Abdul Sattar purchased two quintals of rice from him for a sum of Rs. 640/-. The informant suspected that one piece of hundred rupee note was forged and accordingly he showed the said note to some of the persons present in the mill who identified the same as forged and referred the informant to the police station.

(3.) On the basis of the aforesaid written information addressed to the Officer- in-Charge, English Bazar Police Station Case No. 11/286/86 dated 6th November, 1986 was registered for investigation under Sections 489B and 489C of the IPC. The Investigating Officer of the case on completion of investigation submitted charge-sheet being charge-sheet No. 157 dated 26th December, 1987 against the present appellant. The case was thereafter committed to the Court of Sessions and the Ld. Trial Court after compliance with the relevant provisions of the Code of Criminal Procedure (CrPC) was pleased to frame charge under Section 489B and 489C of the IPC. The charge was thereafter read over to the appellant to which he pleaded not guilty and claimed to be tried.