ABDUL SOBHAN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 04. 06. 05, passed, in Sessions Case No. 23/2004, by the learned sessions Judge, Morigaon, arising out of GR Case No. 525/2000, convicting the accused-appellant under Section 489b IPC and sentencing him to undergo rigorous imprisonment for a period of ten years and pay fine of Rs. 50,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of five years.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described as follows : Constable Radheshyam Bhar of 5th A. P. Bn. gave, on 16. 10. 2000, at about 10. 30 a. m. , to the then i/c, Neli Police Outpost, Sub-Inspector Thuleswar Bora, a currency note of rupees five hundred denomination and asked for change. As Sub-Inspector Thuleswar Bora suspected that the said currency note was a fake one, he made a query from Constable Radheshyam as to where he had got the said currency note from. Responding to the query, so made, Constable Radheshyam replied by saying that he had received the said currency note from Constable Abdul Sobhan Khan (i. e. , the accused-appellant), who also belonged to 5th A. P. Bn. A search for Constable Abdul Sobhan Khan revealed that he had gone to Ajori for collecting his pay. In the meanwhile, Constables Deepak Boro, Rajkumar Singh and Phukan Tatas also informed Sub-Inspector Thuleswar Bora that they too had been given rupees five hundred denomination currency notes by Constable Sobhan Khan. All those notes were brought to the said outpost and were seized, vide seizure lists (Exhibit 4 and 5), by the said In-charge and a G. D. entry was made, in this regard, Exhibit 7 (1) being the said G. D. entry. Having learnt that the accused was at Jagirod, the said In-charge proceeded towards Jagirod; but, in the meanwhile, he came to learn that Constable Sobhan Khan had delivered currency notes at a jewellery shop, namely, Assam Jewellery, too. This currency note was also seized by seizure list (Exhibit 8 ). The accused was, then, arrested at Jagirod. Upon apprehending the accused, a written Ejahar was formally lodged, on 17. 10. 2000, at the outpost and a case was accordingly registered against the accused under Sections 489a,489b and 489c IPC. During the course of investigation, the said seized currency notes were sent to the Reserve Bank of India for examination and opinion. A report was accordingly received from the bank, Exhibit 9 being the said report, wherein it was opined that the seized currency notes were fake ones. On completion of investigation, a charge-sheet was submitted against Constable Sobhan Khan and two others under Sections 489a, 489b and 489 of the Indian Penal Code. The accused-appellant was the lone person to face the trial as the remaining two accused had absconded.

(3.) I have heard Mr. J. M. Choudhury, learned Senior counsel, appearing on behalf of the accused-appellant, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.