PRADIP DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D.C. Roy, learned amicus curiae as appointed by the Court for presenting the case of the appellant as well as Mr. A. Ghosh, learned Additional Public Prosecutor appearing for the State. This is an appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') against the judgment of conviction and the order of sentence dated 09.12.2005 as passed by the Sessions' Judge, South Tripura, Udaipur in Sessions Trial No. ST. 22(ST/A) of 2005 convicting the appellant for an offence punishable under Section 489(B) of the Indian Penal Code (hereinafter referred to as 'IPC') and sentencing him to suffer rigorous imprisonment for five years and to pay a fine of Rs. 2,000/- (Rupees two thousand), in default of payment of fine to suffer further simple imprisonment for three months.

(2.) The Prosecution against the appellant was launched when a written ejahar was filed by the PW-11, namely, Kishan Lal Dhiman, alleging that on secret information at about 1500 hours the appellant was intercepted on 22.11.2002 and they found some fake Indian currencies amounting to Rs. 15,700/- while he was purchasing pig from the PW-4, namely, Sukumar Debbarrna. According to the said PW-11, on interrogation the appellant stated that he got those fake Indian currencies from one Chandan Ghosh. In the, course of time the currency notes were seized by the police on preparing a seizure list on 23.11.2002 at 1250 hours at Nutanbazar PS.

(3.) On investigation, the charge-sheet was filed against the appellant under Section 489(B) and 489(C) of the IPC. Having been committed to the Court of Sessions, South Tripura, Udaipur for trial, the following charges were framed against the appellant.