HAFIJUR RAHMAN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. R.B. Bora, learned counsel appearing for the appellant. Also heard Mr. B.J. Dutta, learned Government Advocate, Assam appearing for the State respondent.

(2.) The present application is directed against the judgment and order so passed by the learned Assistant Sessions Judge, Jorhat in Sessions Case No. 2(JJ)/2010 under Sec. 489(B) I.P.C. sentencing the accused persons to R.I. for 10 years and to pay fine of Rs. 2,000/ -, in default, further S.I. for 2 months.

(3.) The case of the prosecution is that on 20.09.2008 one Ujjal Patnayak lodged a F.I.R. before Deberapara Police Outpost to the effect that the accused person gave one 100 rupees note while purchasing fish to the fish seller on the Balijan Bagan Market and on being suspected over the note, the matter was reported to the Deberapara Police Outpost. Accordingly, a case was registered, accused was arrested and on being searched, some notes of Rs. 500 and Rs. 100 were recovered from the possession of the accused and it was seized. The case was registered as Marioni P.S. Case No. 142/2008 under Sec. 489(B)I.P.C. On completion of the investigation, charge -sheet was submitted against two accused persons, namely, Hafijur Rahman and Abdul Saikia under Sec. 489(B)/420 I.P.C.