PANNA LAL GUPTA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Heard Mr. A. Moulik, learned senior counsel assisted by Mr. B. K. Gupta, learned counsel for the appellant. Also heard Mr. J. B. Pradhan, learned Public Prosecutor with Mr. Karma Thinlay, learned Additional Public Prosecutor and Mr. S. K. Chhetri, learned Assistant Public Prosecutor for the State.

(2.) This criminal appeal is directed against the judgment and order dated 30-7-2008 passed by the learned Sessions Judge (South & West), Namchi in Sessions Trial Case No. 22 of 2005 whereby the appellant has been convicted under Sections 489B and 489C of the Indian Penal Code (in short 'IPC') and sentenced to undergo imprisonment for 2 years and 6 months and to pay a fine of Rs. 35,000/- (Rupees thirty-five thousand) under Section 489B of the IPC and to pay a fine of Rs. 15,000/- (Rupees fifteen thousand) under Section 489C.

(3.) The facts of the case in brief as unfolded by the prosecution may briefly be stated as follows : One Shri Gulam Singh Rai (PW2) of Baiguney Busty in South Sikkim accompanied by his aunty Maity Rani Rai (PW3) came to Jorethang Bazar in South Sikkim for the purpose of pawning an item of gold jewellery called "Maitighar" belonging to Smt. Nar Maya Rai (PW4) with a pawnbroker in order to raise some cash money for making some purchase on the occasion of his brother's wedding. After reaching Jorethang Bazar they pawned the gold jewellery with the pawnbroker, i.e., the accused appellant and obtained cash of Rs. 2,000/- in the denomination rupees one hundred currency notes and proceeded to the market for making purchases. As they purchased a Jeans Pant and were delivering Rs. 200/- in the denomination of rupees one hundred to the shopkeeper as price for the Jeans Pant one Bhanu Bhakta Pradhan (PW5) who happened to be present there, saw the currency notes and told them that the currency notes look like fake notes and enquired as to where from they had got the currency notes. Upon such enquiry, they disclosed that they had got the currency notes in question from the shop of the appellant and thereafter both of them accompanied by the other person, i.e.. (PW5) came to the shop of the appellant and from there they proceeded to the police station where they surrendered the currency notes and made a verbal complaint. The verbal complaint so made to the O. C. Jorethang Police Station was reduced into writing and was signed by Gulam Singh Rai (PW2).