KIRON BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) None appears for the Appellant. Heard Mr. B.B. Gogoi learned Addl. P.P., Assam.

(2.) Being highly aggrieved by and dissatisfied with the judgment dated 7.12.2002 passed by the learned Sessions Judge Sivasagar in Sessions Case No. 10(S-C)/2001 convicting the Appellant under Section 489C, IPC and sentencing him to under go rigorous imprisonment for 2 years and to pay a fine of Rs. 5,000 in default to under go further rigorous imprisonment for 3 months, the Appellant has filed this appeal.

(3.) The prosecution story in brief is that three accused persons, namely, Bhupen Borgohain, Biren Borgohain and Kiron Borgohain, as usual, came to the weekly market at Sapekhati on 18.10.1999. Bhupen Borgohain and Biren Borgohain took tea in the cafeteria of one Romen Gogoi and tendered one currency of 500 denomination towards payment of Rs. 15 only. As the restaurant owner did not have adequate money to return the balance, Bhupen Borgohain sent his friend Biren Borgohain to bring notes of small denomination. Biren approached the accused Kiron Borgohain who was selling pork in the market and brought five numbers of one hundred notes. The accused Bhupen then tendered one such currency note to said Romen Gogoi and left the restaurant after taking the balance amount of Rs. 85. From the restaurant accused Bhupen went to the grocery shop of witness Shukhlal Mahatoo and purchased certain grocery items and also tendered an one hundred rupee note. The shop-keeper declined to accept the said note suspecting it to be a forged one. Then the said accused again came to the restaurant of Romen and gave him four numbers of one-hundred rupee notes and five numbers of fifty-rupee notes and asked him to bring back his five-hundred rupee note which was exchanged earlier from the accused Kiron Borgohain. When witness Romen went to exchange the money with Kiron, a police constable, who was also purchasing pork from Kiron, saw the currency notes, which appeared to be counterfeit. Then the police constable came to the restaurant and interrogated accused Bhupen Borgohain. Thereafter, accused Bhupen Borgohain was brought to Sapekhati police station and on further interrogation, the said accused revealed that he got the fake currency from the accused Kiron Borgohain in exchanging one five-hundred note.