SHIVAKANT PRASAD,J. - (1.) Rakesh @ Chhotu Kedia and Bharat Keshari appellants have individually preferred the aforesaid two appeals against a common judgment and order of conviction and sentence dated 19.3.2013 & 20.3.2013 passed by the Additional District and Sessions Judge, Fast Track, 3rd Court, Asansol, Burdwan, in Sessions Trial No. 27 of 2009 arising out of Sessions Case No. 36 of 2009 corresponding to G.R. Case No. 415 of 2003 for the offence punishable under Sections 489B/489C/120B of the Indian Penal Code. As such, they can be disposed of by a common judgment.
(2.) The brief fact is that on 23.5.2003, Inspector of D.D., CID, Asansol Sri Santo Kumar Mitra received a source information that two persons were going to transact fake currency notes near old Mejia Ghat to the North of Damodar river under P.S. Raniganj, he along with another D.D. Inspector Abdul Hye, S.I. Chandra Sekhar Chakraborty and constable Susanta Chatterjee went to the said place. They reached there at about 5.30 P.M and the appellants came to that spot and started to transact something between them. Then Inspector Santo Kumar Mitra and other police personnel rushed towards them and found that one person was offering currency notes to another. They found 17 number of fake 500 rupee notes and 10 number of fake 100 rupee note which were appearing in the same serial number from the possession of the said appellants. They disclosed their names as Rakesh Kedia who was handing over to the recipient Bharat Keshri. Inspector Santo Kumar Mitra seized those fake currency notes under seizure list and brought them to Raniganj P.S. and lodged written complaint before the Officer -in -Charge, Raniganj P.S and Raniganj P.S. Case No. 71/2003 dated 23.5.2003 under Sections 489B/489C/120B IPC was started. As per request of Santo Kumar Mitra, D.D., S.I. Asansol, Sri Dayal Prasad Tiwari was entrusted with the case by the O/C Raniganj P.S. for investigation.
(3.) On usual investigation I.O. submitted Charge -sheet against the appellants accused Rakesh @ Chhotu Kedia and Bharat Keshri for offence punishable under Sections 489B/489C/120B of the Indian Penal Code. After the case was committed by ACJM Asansol to court of Sessions, Learned Additional Sessions Judge took cognizance and framed charges against the appellants to which both of them pleaded not guilty and claimed to be tried. Thereafter, prosecution examined as many as 8 (eight) witnesses to substantiate charge against the accused appellants. Prosecution has relied on some documents which are marked as Exhibits 1 to 8 and material exhibits being fake currency notes which are marked as MAT Exhibits I & II.;