HAMID ALI AND ANR. Vs. THE STATE

JUDGEMENT

(1.) THE Appellant Hamid Ali was convicted by the Sessions Judge in Sessions Trial No. 13 of 1959 under Section 489B and 489C I.P.C. and sentenced to 3 years' R, I. under each count. The appellant Manindra Chandra Saha was convicted in the same trial under Section 489B read with Section 511 I.P.C. and under Section 489C I.P.C. and sentenced to 1% years' R. I. under each count, all the sentences to run concurrently. I am dealing with the two appeals in this common judgment.

(2.) THE prosecution case against them was as follows: On 1 -11 -1958 Manindra Chandra Saha went to the shop of Jatindra Mohan Saha (P. W. 2) at about 4 P. M. and asked for change for a 10 rupee currency note, At that time Manindra Kishore Paul (P. W. 1) was also sitting in the shop. He became suspicious of the genuineness of the note from its colour. Both he and Jatindra examined the note and decided that it was counterfeit. On being questioned, Manindra Chandra Saha said that he had sold some mustard to the appellant Hamid Ali for which he was paid Rs. 10/5/ - including the said currency note - then Manindra Chandra Saha was asked to bring Hamid Ali. Accordingly Hamid Ali was brought and the latter admitted to P. Ws. 1 and % that the 10 rupee note was given by him to Manindra Chandra Saha in payment of the price of mustard. Hamid Ali, evidently because P. Ws. 1 and 2 were auspicious of the note, produced another 10 rupee currency note from his waist and told them that he had received the two currency notes from one Aslam for the price of jute sold to him. On the latter note being examined, P. Ws. 1 and 2 found that it was also a forged note. Thereupon Hamid Ali told them that he had shown the two notes to Dr. Dhirendra Sen (P. W. 4) who had certified them to be genuine. It may be mentioned here that Hamid Ali is a petty merchant carrying on his sale in a place just outside the dispensary of Dr. Dhirendra Sen.

(3.) THEN P. W. 1 wrote the note Ext. 7 to P. W. 8, the Officer -in -charge of Sonamura Police Station stating that he had found out two 10 rupee notes suspected to be forged and that a man in whose possession one note was found was in the -Pharmacy of Dr. Sen and that he was waiting in the -Pharmacy with the man and the notes and he prayed for action. Then P. W. 5 went to the dispensary and the two notes were produced by Manindra Paut. and seized by P. W. 5. P. W. 5 arrested Hamid Ali the same night. The two notes were then sent through the S.D.M. Sonamura to the Currency Department of the Government of India for examination and opinion. The report of the Currency Officer, Ext. P -10 dated 18 -11 -1958 stating that the notes were crude process -made forgeries was received by the S.D.M. Sonamura on 20 -11 -58, Then Manindra Chandra Saha was arrested on 5 -12 -58 and both the accuse persons were charge -sheeted on 6 -12 -58. Both of them were then committed to the Sessions by the S.D.M.