Shivakant Prasad, J. - (1.) This appeal is directed against the judgment and order dated 9th January, 2015 passed by learned Additional District & Sessions Judge, 5th Court, Malda, in Sessions Case No.278 of 2014 (Sessions Trial No.36 of 2014) whereby and whereunder the appellant was convicted for charge under Section 489(C) of Indian Penal Code and sentenced to suffer R.I. for five years and to pay fine of Rs.5,000/- in default to suffer imprisonment for another one year.
(2.) Brief facts and circumstances leading to the instant appeal is that on 12.4.2014 at about 23.15 hours an information was received to the effect that one Malkhan Singh was holding a meeting at Jamalpur forest with his associates. The said information was diarised in GDE No.429 dated 12.04.2014 by ASI Satyabrata Bhattacharya who informed the I/C., Habibpur Police Station and raid was held with available officers and forces in the forest near at Koronja village at 23.45 hours and left their vehicles on one side of the road and proceeded towards the forest. At about 00.35 hours police personel found two persons coming towards them. On seeing them, they tried to flee away but one person was apprehended with one HK 33 series automatic rifle loaded with magazine having 30 rounds ammunition, another magazine with 30 and 52 rounds ammunition which were recovered from a gamcha fastened to the waist of the said accused and further 32 number of fake notes of Rs.1,000/- denomination and 107 notes of Rs.500/- denomination were recovered from the pocket of the said accused with a sum of Rs.40,000/- genuine currency notes.
(3.) On inquiry he disclosed his identity as Madhab Mandal alias Malkhan Singh. Sessions trial was started by the learned Additional Sessions Judge, 5th Court, Malda after framing of the charge under Sections 489(B) and 489(C) of the Indian Penal Code to which the accused pleaded not guilty and claimed to be tried. After close of the prosecution evidence, the appellant accused was examined under Section 313 of the Code of Criminal Procedure to which he declined to adduce defence evidence.;