LAWS(CAL)-2019-12-151

KALAM SK Vs. STATE OF WEST BENGAL

Decided On December 12, 2019
Kalam Sk Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal arises against the judgment of conviction dated 04.07.2016 and order of sentence dated 08.07.2016 passed by the learned Additional Sessions Judge, 1st Court, Jangipur, Murshidabad in Sessions Trial No.06/(02)/2015 corresponding to Sessions Serial No.301 of 2015, convicting thereby the appellant for commission of offences punishable under Sections 489B/489C of the Indian Penal Code and thereby sentencing him to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/- in default to suffer simple imprisonment for three months more for the offence punishable under Section 489B of the Indian Penal Code and also to suffer rigorous imprisonment for five years and to pay fine of Rs.3,000/- in default to suffer simple imprisonment for three months more for the offence punishable under Section 489C of the Indian Penal Code with direction that both the sentences would run concurrently.

(2.) The brief facts leading to the instant appeal is that the complainant on 12/09/2014 at about 09.55 hrs. received a source information that three persons will arrive at Dhuliyan Ferry Ghat area from Benopur P.S. to deliver F.I.C.N. to their paddlers. He diarised the information vide Samserganj P.S. G.D.E. No.514 dated 12.09.14 and as per instruction of superior of Samserganj Police Station the complainant along with force namely, A.S.I., Prabir Das, Constable Nasirul Alam, Subrata Biswas, N.V.F. Biswajit Das left the P.S., for proceeding towards Dhuliyan Ferry Ghat with their office vehicle being number W.B./57B/0527 which was driven by Mijan Sk. On the way they requisitioned two witnesses namely Humayun Kabir and Mortuj. They voluntarily agreed to accompany with the police knowing the facts stated by defacto complainant to the witnesses. They arrived near ferry ghat at about 10.25 hours and kept the vehicle in a safe distance. The source identified the accused persons who were standing at ferry ghat leaving one motor cycle and gossiped. But after seeing the police persons they attempted to flew away, the police persons surrounded them and on interrogation they disclosed their identity. The defacto complainant requested the present persons to remain as witness but none turn up. As such in presence of previous noted witnesses offered the accused to search but after denial by them the defacto complainant searched the said three persons one after another with the help of other police party and recovered 100 pieces of fake Indian Currency Notes of denomination of Rs.1,000/- each from the exclusive possession of Zahirul Islam amounting Rs.1,00,000/- and it was kept in his left side waist line of his wearing lungee and further recovered 100 pieces of fake Indian Currency Notes of denomination of Rs.1,000/- each from the exclusive possession of Nabab Sk Amounting Rs.1,00,000/- and it was kept in his left side waist line of his wearing lungee 100 pieces of fake Indian Currency Notes of denomination of Rs.1,000/- each from the exclusive possession of Kalam Sk Amounting Rs.1,00,000/- and it was kept in his left side waist line of his wearing pant. On interrogation they confessed that they have full knowledge about those notes are forged and they are going to circulate the fake note as genuine in the local market of Dhuliyan, Raghunathganj, Berhampur etc. They further confessed that they are involved in dealing, possession and business of fake note since long. Accordingly, the defacto complainant seized all the three bundles of F.I.C.N. and the motor cycle being number W.B.94A/0133 under seizure list and apprehended the accused persons in between 10.55 to 14.25 hours and thereafter he prepared the complaint through computer and lodged the same before P.S. On the basis of the written complaint filed by Sri Santanu Mukherjee, S.I. of Samserganj P.S., Dist.- Murshidabad, Samserganj PS. Case No.316/2014 dated 12/09/2014 for the offences U/S 489B/489C of I.P.C. was registered against the accused persons and S.I. of Police Braja Gopal Debnath of Samserganj P.S. was entrusted to carry out the investigation of the incident. After completion of investigation, he submitted C.S. against the accused persons u/s. 489B/489C of I.P.C. on 25.01.14. Nabab Sk and Ziarul Sk were juvenile at the time of incident as such they were forwarded to Juvenile Justice Board, Berhampur. The case was committed to the Court of Additional Sessions Judge who took cognizance of the offence against the accused Kalam Sk.

(3.) The learned Sessions Court framed charge under Sections 489B/489C of the Indian Penal Code on 21.02.2015 to which the accused abjured his guilty and claimed a trial. After completion of evidence of prosecution as many as 11 witnesses, the accused was examined under Section 313 of the Criminal Procedure Code in respect of incriminating material emerging from the evidence to which the accused declined to adduce defence evidence.