ROUSENARA BEGUM AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5.11.2013 of the learned Addl. Sessions Judge, Dibrugarh in Sessions Case No. 104/2009 convicting the accused appellants under Sec. 489 -C IPC and sentencing each one of them to undergo SI for seven years with fine of Rs. 5,000/ - and in default, further SI for another six months. On the basis of the F.I.R. that was lodged with the Dibrugarh Police Station on 20.11.2004 by one Sri Anil Chutia, SI of Police (PW 2) to the effect that on 20.11.2004 at about 3 p.m. acting on a tip off he apprehended the accused appellants, who allegedly carried forged currency notes. They were so apprehended while were sitting in the canteen of the Court premises at Dibrugarh. On search being carried out, suspected Fake Indian Currency Notes amounting to Rs. 10,200/ - were recovered from the possession of the accused appellant No. 1, who was accompanied by accused appellant No. 3. Later on, when the house of the accused appellant No. 2 was searched, further fake currency note amounting to Rs. 16,000/ - were recovered. A case was registered under Sec. 489(B)/489(C)/489(D), IPC. In due course, investigation was carried out and completed, the Investigating Officer submitted charge sheet under the aforesaid Sec. against the accused persons and one Ainul Hoque and another Nurul Islam, who were shown absconder. Nurul was discharged vide order dated 10.1.2006 and the case was splitted on 17.4.2009 and the three accused appellants were committed vide order dated 23.7.2009 to the Court of the learned Sessions Judge, Dibrugarh.

(2.) In due course, formal charge was framed against the accused appellants under the aforesaid Ss. and on being explained, they pleaded not guilty of the same and claimed to be tried. Thereafter trial commenced. During trial, prosecution examined 8 witnesses. Raising the following points for determination, the learned Trial Court having convicted the accused appellants as aforesaid, they preferred the instant appeal.

(3.) I have heard Mr. G.N. Shaewalla, learned senior counsel, assisted by Ms. R. Jain, learned counsel for the accused appellants. Also heard Mr. B.B. Gogoi, learned Addl. P.P., Assam.