Md. Mumtaz Khan, J. - (1.) This appeal has been preferred by the appellants assailing the judgment and order of conviction dated August 11, 2011 and sentence dated August 12, 2011 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Malda in Sessions Trial No. 16(3) of 2011 arising out of Sessions Case No. 69 of 2011. By virtue of the impugned judgment appellants were convicted for commission of the offences punishable under Section 489(B)/ 489(C)/34 of the Indian Penal Code (hereinafter referred to as IPC) and were sentenced to suffer rigorous imprisonment for life and pay a fine of Rs. 2000/- each in default rigorous imprisonment for six months each for the offence under Section 489(B)/34 IPC and were sentenced to suffer rigorous imprisonment for 7 years and a fine of Rs. 1000/- in default rigorous imprisonment for two months more each of the offence punishable under Section 489(C)/34 IPC with a direction that both the sentences shall run concurrently with usual direction for set off as per provisions of Section 428 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.).
(2.) The prosecution case, in brief, is as follows:- On January 14, 2010 at 07.05 hours, P.W.7 received source information with regard to a dealing in fake Indian Currency Note at Rathbari Bus Stand near Samrat Hotel. He then diarised the said information (Ext.8) and informed I.C. English Bazar P.S. As per direction of I.C. English Bazar P.S., P.W.1 along with force left the P.S. to work out the information. At around 7.25 hours they reached at Rathbari Public Bus Stand and contacted the source who told them that he would identify the culprits on their arrival. P.W.1 called two witnesses namely P.W.5 and P.W.6. At about 11.15 hours, as shown and identified by the source, they surrounded those persons namely the appellants at Rathbari Public Bus Stand Passenger Shed beside Hotel Samrat. After disclosing their identity, P.W.1 asked the appellants to search their persons but they refused. P.W.1 then in presence of the local witnesses searched the appellants and during search recovered one bundle (100 pieces) of Indian Currency Notes of Rs. 1000/- denominations concealed and tied in the knot of lungi of appellant No.1 and one bundle (100 pieces) of Indian Currency Note of Rs. 1000/- denominations concealed and tied in the knot of Lungi of appellant No. 2. P.W.1 then seized those currency notes in presence of the appellants and witnesses by a seizure list (Ext.1), sealed and labelled the same (Exts.3 & 4) and obtained the signatures of witnesses and the appellants. P.W.1 also seized the lungies and gave the same in their jimma being their wearing apparel, arrested the appellants and during interrogation appellants disclosed that they had procured fake currency notes from Indo-Bangladesh Border area of Kaliachak P.S. with a view to disposing of the same at Malda Town area and Siliguri area knowing that those notes were counterfeit Indian Currency Notes. P.W.1, thereafter, returned back to the P.S. along with the seized articles and the appellants and lodged the complaint (Ext.2) and handed over the seized articles along with the seizure list and the labels at the P.S. which were kept at thana Malkhana.
(3.) On the basis of the above written complaint of P.W.1, P.W.3 started English Bazar P.S. Case No. 31 dated January 14, 2010 under Section 489(B)/489(C) of the Indian Penal Code against the appellants. P.W.9 investigated the case and thereafter on completion of investigation submitted charge sheet against the appellants under Sections 489(B) and 489(C) IPC.;