DHIRENDRA KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the Judgment/Order dated 26.10.2010/28.10.2010 passed by the Additional District and Sessions Judge, Fast Track Court No.VI, Araria, in Sessions Trial No.915 of 2003/Trial No.169 of 2009, whereunder the sole appellant, Dhirendra Kumar Mandal, has been convicted under Sections 489B and 489C of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years and fine of Rs.10,000/ - for the offence under Section 489B of the Indian Penal Code, in default of payment of fine further simple imprisonment for two years, rigorous imprisonment for five years for the offence under Section 489C of the Indian Penal Code, with direction to run both the sentences concurrently.

(2.) THE prosecution case, as set out in the written report (Ext.7) of S.I. Abhay Kumar Singh (P.W.17), is that on 18.6.2003 at about 14.45 hours, he received secret information to the effect that a person in the name of Dhirendra Mandal of village -Hingana, P.S. Raniganj, is moving with counterfeit currency note of denomination of Rs.500/ - in Simraha Bazar. On the said information, he alongwith A.S.I. Jai Prakash Mandal, Constables, Abu Rooman, Raj Kumar Rajak, Kaushal Kishore, Mani Kant Yadav and Chaukidar, Mohan Das, proceeded for verification and reached at about 14.50 near Priyanka Pay Phone Booth situated at Simraha Bazar. In course of verification, he stopped one person in presence of the two independent witnesses, Arun Kumar Paswan and Dinesh Mandal and searched him. In that course, 7 currency notes of the denomination of Rs.500/ - were recovered from the right pocket of his full pant, which apparently appeared to be faked and different with the original currency notes. He prepared the seizure list of the aforesaid recovered currency notes in presence of the aforesaid two independent witnesses, who put their signatures on the seizure list. The apprehended person disclosed his name Dhirendra Mandal, son of Suganlal Mandal of village -Hingana, P.S. Raniganj, District -Araria and on query, he disclosed that the seized notes had been given to him by Manoj Yadav, resident of village -Manikpur, P.S. Simraha, District - Araria, who used to do the business of groundnut, and he had sold the groundnut to Manoj Yadav. He has also stated that Manoj Yadav had given the said notes to him to use the same in the market.

(3.) AFTER investigation of the case, police submitted the chargtesheet dated 13.9.2003 against the appellant under Sections 489A, 489B, 489C and 120(B) of the Indian Penal Code, continuing the investigation against Manoj Yadav.