KAILASH MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard both the counsels.

(2.) Present criminal appeal is directed against the judgment of conviction and order of sentence dated 30.1.2003, passed by learned Addl. Sessions Judge, Fast Track Court No. II, Deoghar, in Sessions Case No. 204 of 2002, whereby and where under, the sole appellant was conviction under Sections 498-B and 489-C of the Indian Penal Code and sentenced to rigorous imprisonment for five years and to pay a fine of Rs. 2,000.00 and in default of payment of fine to undergo simple imprisonment for six months under Sec. 489-B of the Indian Penal Code. Appellant was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000.00 and in default of payment of fine to undergo simple imprisonment for four months under Sec. 489-C of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(3.) The prosecution case as per the written report of the informant Ravish Kumar, PW 1, is that on 17.12.2001 at about 00 a.m. in the course of checking of the passengers detrained by 3232 DN at Exit Gate at Platform No. 1 he detected one passenger named Kailash Mandal without ticket and accordingly charged him to pay Rs. 84.00 as excess fare and the accused handed over a note of Rs. 500.00. which was found to be doubtful and forged by the informant as such he again demanded the note to be replaced. Then accused replaced the note with Rs. 500.00 note but it was bearing the same number of Rs. 500.00 note. Both the notes were bearing the same numbers and series as 8 CV 797269. Then the informant charge-sheeted the accused for travelling without ticket bearing charge-sheet No. 1776891 dated 17.12.2001 and handed over the two pieces of forged notes of Rs. 500.00 along with the said accused person to the Rail Police. Jasidih.