Joymalya Bagchi, J. - (1.) The appeal is directed against the judgment and order dated 28.09.2015 passed by the learned Additional Sessions Judge, 2nd Court, Jangipur, Murshidabad, in Sessions Case No. 08 of 2014 corresponding to Sessions Trial No. 2/03/2014 convicting the appellants for commission of offences punishable under Sections 489B/489C of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for ten years each and to pay fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 489B of the Indian Penal Code and to sentence to suffer rigorous imprisonment for seven years each and to pay fine of Rs.5,000/- each, in default to suffer rigorous imprisonment for six months more for the offence punishable under Section 489C of the Indian Penal Code. Both the sentences to run concurrently.
(2.) The prosecution case as alleged against the appellants is to the effect that Amit Bhakat, S.I. of police attached to Samsergunj Police Station (P.W.1) received a secret information from his source on 18.09.2013 that two persons were coming from Bashinabnagar with fake Indian currency notes (hereinafter referred to FICNs) to Dhulian Ferry Ghat P.W. 1 along with other police personnel proceeded to Dhulian Ferry Ghat in a police jeep. At the spot, they found two persons moving suspiciously. They were identified by the source. On seeing police the appellants tried to flee away. They were apprehended and thereupon they disclosed their identity. In presence of witnesses, the appellants were searched and three hundred number of suspected currency notes of denomination Rs.500/- each in three bundles totalling Rs.1,50,000/- were recovered from the possession of Atul Mondal and two hundred number of suspected notes of denomination of Rs.500/- each in two bundles totalling Rs.1,00,000/- were recovered from the possession of Jabbar Sk. Suspected currency notes were seized under a seizure list which were signed by local witnesses i.e. P.Ws. 4 and 7. On the complaint of the P.W. 1 a case was registered as Samserganj Police Station Case No. 313 of 2013 under Sections 489B/489C of the Indian Penal Code. In the course of investigation seized notes were sent for examination by expert and report was received that the said notes were fake. In conclusion of investigation, charge-sheet was filed against the appellants and the case being a sessions triable one was committed to the Court of Sessions and transferred to the Court of the Additional District Judge, 2nd Court, Jangipur, Murshidabad for trial and disposal.
(3.) Charges were framed under Sections 489B/489C of the Indian Penal Code and the appellants pleaded not guilty and claimed to be tried.;