SHIVAKANT PRASAD,J. - (1.) Judgment and order of conviction dated 11.08.2016 and 12.08.2016 under Section 489B/511, 120B and 489C of the Indian Penal Code passed by the learned Additional District and Sessions Judge, Gangarampur at Buniadpur, Dakshin Dinajpur, is under challenge in this appeal.
(2.) The brief facts leading to the instant appeal is that on 20.10.2006 at about 12.55 hrs. the complainant and other police personnel of Banshihari Police Station acting on secret information held raid in the house of Ranjit Singh, the appellant no.1 herein, where the accused persons, the appellant herein, were found engaged in counting Fake Indian Currency Notes (hereinafter referred to as "FICN") and the police personnel after search recovered 215 nos. of FICN of Rs.500/- each, out of which 85 nos. of such FICN was recovered from Monoj Mondal @ Hero, 40 nos. of such from Mahadeb singha, 42 nos. of such from Sanjay Singh @ Pachu and 48 nos. of such from the possession of Bijay Kumar Das. Thus, total of 215 nos. of Rs.500/- were seized under the seizure list, in present of local people who had assembled there by that time.
(3.) On completion of the investigation of Banshihari Police Station Case No.114 of 2006 dated 20.10.2006 under Section 489B/489C/120B IPC, the investigating officer had submitted charge-sheet under the said charges which after being committed to the Court of Sessions, the Sessions Judge held trial, examined witnesses to bring home the charges against the accused persons - appellants. The appellants faced trial for charges under Sections 120B, 489B, 489C and 34 IPC to which they had pleaded not guilty and claimed to be tried.;