CHUWAN SUBBA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.04.2012 passed by the learned Sessions Judge, Special Division-II, East Sikkim at Gangtok convicting the appellant in Sessions Trial Case No.11 of 2010 for commission of offences under Sections 489A, 489C, 489D IPC read with Section 120B IPC along with one Jash Hang Subba and sentenced them to undergo imprisonment of 10 years and fine of Rs.5,000/- each under Section 489A IPC, imprisonment of 7 years and fine of Rs.5,000/- each under Section 489C IPC, imprisonment of 10 years and fine of Rs.5,000/- each under Section 489D IPC and in default of payment of fine to further undergo simple imprisonment for a period 4 months each on each count.

(2.) The prosecution story is that as per source information received by the Officer-In-Charge of Singtam Police Station the Appellant Chuwan Singh Subba and others were in the process of making counterfeit currency notes in his house at Sawney Busty, Singtam. On receipt of this information a raid was conducted by the P.I. Solomon Rai along with his team in the house of Chuwan Singh Subba. During the raid, the following incriminating materials were recovered and seized:

(3.) On the basis of the raid and recovery a case under Sections 489A, 489B, 489D, 489E and Section 34 IPC was registered at Police Station, Singtam. During the investigation, the accused persons identified as (i) Chuwan Subba @ Chuwan Singh Subba and (ii) Dip Bahadur Shrestha @ Krishna Prasad Pradhan were arrested. During the interrogation of these two accused persons, it was revealed that one Jash Hang Subba and one Bikram Rai had asked these accused persons to help them make fake currency notes which would benefit them by floating those in the market. Accused Bikram Rai and Jash Hang Subba had absconded. Disclosure statement of Dip Bahadur Shrestha @ Krishna Prasad Pradhan made under Section 27 of the Evidence Act led to the recovery of one copying machine (Xerox) packed in a carton from the shop belonging to Md. Umesh of Singtam Bazar said to have been brought there by the Dip Bahadur Shrestha at the instance of Accused Jash Hang Subba from the house of accused Chuwan Singh Subba in the evening of 16.09.2006.