Crl.A. 274/2015. Gauhati High Court

Case Number:Crl.A. 274/2015
Judgement Date:January 18, 2017
Court:Gauhati High Court
SUMMARY

Appeals against conviction for offences under IPC

 
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I N TH E GAUH ATI H I GH COURT

( The High Court of Assam , Nagaland, Mizoram and Arunachal

Pradesh)

Crim ina l Appea l N o.2 7 4 of 2 0 1 5

Md. Jafur Uddin Choudhury,

S/ o Late Basir Uddin Choudhury, resident of village- Rukni, Jhulonpur,

P.S. Dhalai, P.O. Palanghat ,

District- Cachar, Assam .

.. . Appellant

- vs-

  1. State of Assam

  2. Hoshiar Singh,

    Son of Suraj Balyanam Singh,

    Ex. N K Subedar, 72 Field Regim ent, Resident of Village- Beri,

    Police Station- Mohingergarh,

    Post Office- Beri, District - Mohingergarh, Haryana, Pin- 124201:

    ...Respondents

    BEFORE

    H ON ’BLE M RS JUSTI CE RUM I KUM ARI PH UKAN Advocates for the appellant : Mr.A.I .Uddin, Advocate

    Advocate for the Respondent : Mr.B. Sarm a, Addl. P.P. No.1

    Advocate for Respondent No.2 : N/ P

    Date of hearing : 10.01.2017

    Date of Judgm ent : 18.01.2017

    JUDGM EN T AN D ORDER ( Ora l)

    Heard Mr. A.I .Uddain, learned counsel appearing for the appellant and Mr. B. Sarm a, learned Addl. Public Prosecut or, Assam .

  3. For an offence U/ S 489( C) I PC t he appellant has been sentenced to rigorous im prisonm ent for five years wit h fine. The prosecution case is that on 9.2.2009 an Arm y Officer on a confident ial inform ation t hat the appellant was dealing with forged currency note, a search operation was conducted in the house of the appellant along with police personnel and during t he search at about 23 hours 36 num ber of fake currency was recovered from the house of the appellant and thereafter the appellant was apprehended and was handed over to the police. The FI R was lodged accordingly which was registered as Dholai P.S.Case No. 50/ 2009 U/ S 489( B) I PC.

  4. On com pletion of t he investigat ion t he I .O.subm it ted chargesheet against the appellant U/ S 489( B) I PC. The learned lower Court after furnishing all t he necessary copies U/ S 173 ( 2) CrPC com m it ted the case to the Court of Sessions for favour of trial. The appellant stood the trial and pleaded not guilty t o the charge U/ S 489( B) I PC which was fram ed and explained to him . The prosecution exam ined seven witnesses to substantiate the charge including the official FSL expert. Plea of defence is that no search operation was m ade in his house and not hing was recovered from his possession and case was falsely filed against him . The statem ent of appellant was recorded U/ S 313 CrPC wherein he has stated t hat at the m aterial t im e he was driver of Tata Sum o and while returning from Lakhipur on the way he found one Arm y Vehicle com ing from backside. As the road was very narrow so he signalled the Arm y Vehicle not to over take his vehicle and thereafter Arm y Vehicle followed him and caused dam aged to his vehicle with a lathi and subsequently Arm y personnel cam e to...

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