MD. FIROZ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Against the common judgment of conviction and sentence, these two appeals (CR. APP (SJ) No.116 of 2015) on behalf of convict Md. Firoz Alam, (CR. APP (SJ) No.176 of 2015) on behalf of convict, Naushad @ Naushad Alam arose. As such, have been heard together and are being decided by a common judgment.

(2.) Initially five accused persons were put on trial, out of whom, Kamurul Hoda, Ranjeet and Nityanand were acquitted while these two appellants have been found guilty for an offence punishable under Section 489(B) and 489(C) of the IPC and each one has been sentenced to undergo R.I. for ten years as well as to pay fine of Rs.20,000/- in default thereof, to undergo R.I. for one year (12 months), under Section 489(B) IPC and R.I. for seven years as well as to pay fine of Rs.10,000/- and in default thereof to undergo RI for six months under Section 489(C) of the IPC with a further direction to run the sentences concurrently by the Adhoc Additional Sessions Judge, Araria vide judgment of conviction dated 23.08.2015 and order of sentence dated 27.08.2015 in connection with Sessions Trial No.514 of 2013/649 of 2013/106/2013.

(3.) S.I., Rambilash Singh, (PW-4) O/C of Palasi PS recorded his self statement on 03.06.2012 at about 10.30 P.M. disclosing therein that on the same day at about 6.15 P.M. after having been confidentially informed regarding transportation of counterfeit Indian currency notes, ambushed at Denga Chowk where one person, seeing the police, began to flee whereupon they became suspicious and accordingly, chased and apprehended. In presence of two seizure list witnesses, namely, Md. Ekram and Abdul Razzak, he was interrogated who disclosed his identity as Firoz Alam, son of Late Md. Islam resident of village Kumhiya P.S. Palasi, District Araria. Then thereafter, he was searched and during course thereof three counterfeit Indian currency notes of Rs.1,000/- denomination (serial number incorporated) as well as 70 pieces of fake Indian currency notes of Rs.500/- denomination (serial no. disclosed) seven fake Indian currency notes of Rs.100 denomination (serial no. disclosed) were seized for which, search-cum-seizure was prepared. On interrogation, he further disclosed that Ranjeet Yadav of village- Belwari happens to be kingpin and under his command Naushad of village Kunhiya, Kamrul Hoda of village-Jokihat and Nitynand were actively discharging their activity. It has also been disclosed that Ranjeet happens to be the carrier. He had further stated that fake currency notes is available at the house of Naushad which could be recovered in case the raid is promptly conducted. Informing the local police station in presence of two seizure list witnesses Md. Ekram and Saiful conducted raid at the house of Naushad who was found absent. During search of house, an almirah, which was kept in a room exclusively in possession of Naushad, two bundles of Rs.500/- denomination having wrapper of State Bank of India each containing 100 pieces were recovered and seized as during course of inspection of the same 10 notes in each bundles along with six notes of Rs.100 denomination were found fake and for that, search-cum-seizure list was prepared. During course of inspection of the notes, it is evident that serial number of some of the fake notes recovered from the possession of Firoz as well as Naushad were the same relating to Rs.100/- denomination.