MD.MUMTAZ KHAN, J. - (1.) This appeal has been preferred by the appellant assailing the judgment, order of conviction and sentence dated April 28, 2011 and April 29, 2011 respectively passed by the Ld. Additional District and Sessions Judge, 5th Fast Track Court, Malda in Sessions Trial No. 52(9)/2010 arising out of Sessions Case No. 189/2010. By virtue of the impugned judgment appellant was convicted for commissioning of the offence punishable under Section 489B and 489C of the Indian Penal Code (hereinafter referred to as IPC) and was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5000/ in default rigorous imprisonment for further one year for the offence under Section 489B IPC and was also sentenced to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 2000 in default to suffer rigorous imprisonment for further six months for the offence punishable under Section 489C IPC. Both the sentences were directed to run concurrently and the period of detention already undergone to be set off as per provisions of Section 428 of the Criminal Procedure Code (hereinafter referred to as Cr.P.C.)
(2.) The prosecution case, in brief, is as follows:- On August 19, 2009, P.W.2 received one information at English Bazar P.S. that one suspect possessing fake Indian currency notes is staying in the lobby in front of reception counter of hotel Pratapaditya located at Kanir More on station road under English Bazar P.S., District Malda. Accordingly, as per instruction of Inspector-in-charge English Bazar P.S. P.W.1 along with ASI Bapi Chakraborty, constables Asit Saha (P.W.4), Jakir Hossein (P.W.5) and Dilwar Hossain (P.W.3) left the P.S. to work out the information under direct supervision of Sri Abhijit Banerjee, Dy. S.P. (D & T) Malda and reached at hotel Pratapaditya at about 13.35 hours. As per source indication they surrounded the appellant who was sitting in the lobby in front of the reception counter of hotel Pratapaditya possessing one a black coloured office bag on his lap. P.W.1, then in presence of manager (P.W.6), assistant manager (P.W.7) and hotel boy (P.W.8) of Hotel Pratapaditya searched the bag and found 300 pieces of Rs. 500 denomination fake Indian currency notes amounting of Rs. 1,50,000/ and one mobile phone in that bag. He then seized those currency notes and the mobile phone under a seizure list in presence of the above witnesses and obtained their signatures.
(3.) During interrogation appellant admitted that he has procured those fake currency notes from one Mahibur Rahaman and Mostofa Hossain who were the main dealers of fake Indian currency notes and running an illegal business of dealing in fake Indian currency notes through Indo-Bangladesh border under Kaliachak P.S. with intention to use those fake Indian currency notes as the genuine in Malda Town market knowing well that the notes were fake. Appellant was then arrested and brought to the P.S.;