Indrajit Chatterjee, J. - (1.) I am hearing this appeal as against the judgment and order of conviction dated 26th June, 2014 passed by the learned Additional Sessions Judge, Jangipur, within the District of Murshidabad in Sessions Serial No. 176 of 2013 arising out of Sessions Trial No. 03/May/2013 in which the learned Trial Court was pleased to convict the present appellant, before this Court in respect of the charge punishable under Sections 489B/489C of the Indian Penal Code (hereinafter called as the said Code). The Trial Court was pleased to impose the sentence in respect of the charge punishable under Section 489B of the I.P.C. to suffer rigorous imprisonment for five years and to pay fine of Rs. 5,000/ - and in default of payment of fine, the appellant -convict was also sentenced to suffer rigorous imprisonment for three months more. The appellant -convict was sentenced to suffer for three years in respect of the charge under Section 489C of the Code and he was also directed to pay fine of Rs. 3,000/ - and in default of payment of fine, he shall suffer rigorous imprisonment for two months.
(2.) IT may be mentioned that this case arose out of Suti P.S. Case No. 207 of 2012 dated 07 -05 -2012 and the F.I.R. was registered at 08.15 hours. At present the appellant is enjoying bail being released as such in CRAN No. 265 of 2015 dated 26 -03 -2015. The case as unfold at the time of the trial can be stated in brief thus, that the de facto complainant of this case, namely, Ujjal Dutta of Suti Police Station within the District of Murshidabad, received one source information that the present appellant would be awaiting at Sajur More Bus Stop and he would be carrying Fake Indian Currency Notes (hereinafter called as FICN). On receipt of such source information, this de facto complainant, who was examined as P.W.1, along with force went to that place. The police officers, who accompanied P.W.1, were Constable No. 645, Ananda Debanshi (P.W.2), Constable No. 1972, Ajoy Kumar Hazra (P.W.3) and Constable No. 385, Rajendra Nath Majhi (P.W.4) to work out the information. Before P.W.1 left that place of occurrence, he diarised the matter, being Suti P.S. G.D. Entry No. 348 dated 7th May, 2012 at 6.05 hours. Officer -in -Charge of Suti P.S. was also informed by P.W.1 before his departure with force.
(3.) IT also revealed during the trial that after reaching that place of occurrence, P.W.1 collected two dis -interested witnesses, namely, Ibrahim Momin (P.W.5) and Tutul Sk. (P.W.6) respectively of village Sankarpur and Mahisasthali. Sankarpur is admittedly within Suti P.S. whereas Mahissathali is within Samsherganj P.S. of Murshidabad District.;