- (1.)This appeal under Section 374 of CrPC is directed against the judgment and order of conviction and sentence dated 29.11.2008, passed by learned Additional Sessions Judge(Fast Track Court), Kailashahar in Sessions Trial No.12(NT/K)/08 wherein the learned Additional Sessions Judge found the accused appellant guilty of committing offence punishable under Section 489C of IPC and sentenced him to suffer RI for three years and to pay a fine of Rs. 3,000/-(rupees three thousand), in default of payment of fine to suffer further SI for three months.
(2.)Heard learned counsel, Mr. N. Das for the appellant and learned Addl. P.P., Mr. R.C. Debnath for the State respondents.
(3.)Prosecution case, in short is that on 30.12.2006, the informant Gouranga Sukla Baidya(PW1), a Home Guard, along with another Assistant SPO Indramani Singha were performing law and order duty at Kailashahar Paschim Bazar and at that time Manik Miah and Niranjan Majumder, both staff of the Special Branch of Police of Kailashahar informed them that they found a tall boy wearing red shirt with curly hair was trying to change some five hundred rupee currency notes to smaller dimension of the currency notes and the currency notes were perhaps fake. On that information all of them started looking for that person and found him in the vegetable market and on seeing them he tried to flee away but they caught him. At the time of scuffling, two five hundred currency notes fell on the ground and those were suspected to be fake notes. Thereafter, they took the apprehended person to Kailashahar PS who disclosed his name as Subir Chandra Datta, son of Late Sam Kishore Datta of Chantail. At PS on search of his body, another 14 numbers of five hundred fake currency notes were seized from the possession of the apprehended person, Subir Chandra Datta. On interrogation he told the names of Goutam Debnath and Rahmat Ali and informed that Rahmat Ali supplied those notes to him. Handing over the accused, Subir Chandra Datta in custody of the In-charge O/C of the PS, PW1 Gouranga Sukla Baidya, Home Guard No.922183 lodged the FIR and accordingly Kailashahar PS Case No.189 of 2006 under Sections 489B read with Section 34 of IPC was registered and SI S.P. Das was entrusted with the charge of investigation. In course of investigation by preparing a seizure list those fake currency notes were seized by the I.O. and those notes were sent to the State Forensic Science Laboratory(SFSL) for examination and report. Material witnesses were examined and thereafter charge sheet was filed against the accused for commission of offence punishable under Sections 489B, 489C read with Section 34 of IPC.