Joymalya Bagchi, J. - (1.) Both these appeals are directed against judgment and order of conviction and sentence dated 29.12.2015 passed by Special Judge, CBI Court, Alipore, South 24 Parganas in Special Case No.12/12 (Barasat) arising out of Rajarhat P.S. case No.194 dated 15.6.2002 convicting the appellants for commission of offence punishable under sections 120B/259/489C of Indian Penal Code and sentencing them to suffer rigorous imprisonment for three years each and to pay a fine of Rs.20,000/- each in default to suffer further rigorous imprisonment for six months each for offence punishable under section 120B of I.P.C., to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/-each in default to suffer further rigorous imprisonment for one year each for the offence punishable under section 259 I.P.C. and to suffer rigorous imprisonment for seven years each and to pay a fine of Rs.1,00,000/- each in default to suffer rigorous imprisonment for one year each for the offence punishable under section 489C of I.P.C. All the sentences are to run concurrently.
(2.) Prosecution case, as alleged, against the appellants is to the effect that on 15.6.2002 Ashoke Singha Roy (P.W.17), Circle Inspector of Police, Barasat, received information from S.I. Sankar Chowdhury (P.W.22), Officer-in-Charge of Baguihati Investigation Centre that one Sushil Haldar had been apprehended on the suspicion of using a fake hundred rupee note at the grocery shop of one Gour Haldar and on interrogation, he confessed that he had been given twenty Fake Indian Currency Notes (for short 'FICNs') by one Bapi @ Akhtar Ali Sarkar of Hatiara Mitra Para and he had already used fourteen of such notes and remaining FICNs were with him. S.I. Sankar Chowdhury (P.W.22) seized the said FICNs from Sushil Haldar and intimated the fact to P.W.17 who on receipt of the information proceeded to Hatiara Mitra Para to work out the same. Thereafter, the raiding party under the leadership of P.W.17 raided Bapi Jewellery Shop owned by Bapi @ Akhtar Ali Sarkar and in the course of such raid the following articles were recovered from a white coloured polythene bag kept in the said jewellery shop:- 1. 8 numbers of FICNs of Rs.500 denomination bearing Sl. No.3AH244282 and 2. 10 numbers of FICNs of Rs.100 denomination each bearing Sl. No.8EL565345 each.
(3.) Police seized the said articles and the accused Bapi @ Akhtar Ali Sarkar was arrested. He stated that he had received the FICNs from one Md. Ishaq Biswas @ Ichha and pursuant to his statement a raid was conducted at the rented house of Md. Ishaq Biswas @ Iccha where he was found, along with Sabir Ali Biswas, Abdul Salam and Reajur Mondal. The following articles were recovered from the house of Md. Ishaq Biswas:- 1. 45 pieces of forged Indian Non Judicial Stamp Papers of Rs.500 each. 2. 6 pieces of forged Indian Non Judicial Stamp Papers of Rs.1000 each. 3. 4 pieces of forged Indian Non Judicial Stamp Papers of Rs.5000 each. 4. 20 pages of forged Share Transfer Stamps of Rs.5, each page containing 100 pieces of stamps. 5. 65 pages of forged Foreign Bill Stamps of Rs.100 each page containing 90 pieces of stamps. 6. 187 pages of forged Broker's Note Stamps of Rs.100 each page contains 100 pieces of stamps. 7. 6 Chambered Automatic Revolver of .38 bore made in Japan with 2 rounds of live ammunitions. 8. 29 pieces of FICNs, denomination of Rs.100 having each Sl. No.8EL565346 each. 9. 22 pieces FICNs of Rs.500 each having Sl. No.24E271847. 10.1 Steel Almirah.;