FARID KHAN Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS criminal appeal under Section 374(2) of Cr.P.C, is directed against the judgment & order of conviction and sentence, dated 13.02.2007, passed by the learned Additional Sessions Judge, Kailashahar, North Tripura in Sessions trial No.88(NT/K)2006. The learned Additional Sessions Judge found the accused appellant, Farid Khan guilty for committing offence, punishable under Section 489(B) and 489(C) of IPC and sentenced him under Section 489(B) of I.P.C. to suffer rigorous imprisonment for life and also to pay a fine of Rs.5,000/- (Rupees five thousand) only, in default of payment, suffer further imprisonment for 6(six) months and again under Section 489(C) of IPC, sentenced him to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Rs.5,000/-, in default of payment, suffer further imprisonment for 6(six) months.

(2.) WE have heard learned Senior counsel, Mr. A K Bhowmik, assisted by learned counsel, Mr. S R Dey, for the appellant and the learned Public Prosecutor, Mr. D Sarkar, assisted by learned Advocate, Mr. R C Debnath, for the State-respondents. WE have meticulously gone through the evidence and materials available on record and the impugned judgment, passed by the learned Court below.

(3.) IN course of investigation SI, Sri Dey, examined material witnesses, recorded their statements under Section 161 Cr.PC and arranged examination of the seized counterfeit/fake currency notes. While the investigation was in substantial progress, on 14.02.2005, one Deputy SP, CID was entrusted with the charge of investigation of the case by the superior authority of the police and he re-examined the witnesses and also interrogated the accused persons, arranged examination of the seized counterfeit currency notes by the Director, State Forensic Science Laboratory and obtained report that those seized currency notes were counterfeit notes and thereafter, submitted charge sheet against the arrested accused persons, Farid Khan, Churuk Miah and Sanjay Das for commission of offence, punishable under Section 489(B) and 489(C) read with Section 34 of IPC.