Crl. A. No. 26 of 2014. Case: Biplab Bhar Vs The State of Tripura. Tripura High Court

Case NumberCrl. A. No. 26 of 2014
Party NameBiplab Bhar Vs The State of Tripura
CounselFor Appellant: A. Gon Choudhury, Advocate and For Respondents: R.C. Debnath, Addl. P.P
JudgesS.C. Das, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Sections 313, 374(2); Indian Penal Code 1860, (IPC) - Sections 28, 489A, 489E, 489B, 489C
Judgement DateJanuary 16, 2017
CourtTripura High Court

Judgment:

S.C. Das, J.

  1. This Criminal Appeal under Section 374(2) of Cr.P.C. is directed against the judgment and order of conviction and sentence dated 18.09.2014 passed by learned Sessions Judge, Kailashahar, North Tripura in Case No. S.T. 32(NT/K) of 2013.

  2. The accused appellant Biplab Bhar was found guilty of the charges framed against him under Section 489C of IPC and, accordingly, he was sentenced to suffer RI for 5(five) years and to pay a fine of Rs. 50,000/-, in default to suffer RI for 6(six) months.

    Having felt aggrieved the present appeal is preferred by the accused appellant Biplab Bhar.

  3. Heard learned counsel, Mr. A Gon Choudhury for the accused appellant and learned Addl. P.P., Mr. R.C. Debnath for the State-respondent.

  4. Prosecution case in short is that an information was received by the police of Kailashahar P/S that some fake currency notes may be transacted at Jitur Dighir Par, D.K. Road Kailashahar and on that information the informant, Constable Titash Deb Kanango (P.W-1) alongwith DIB constable Sujit Sinha (P.W-2) and another SPO Ahad Ali and one Head Constable Ashish Pal (P.W-5) laid a trap at D.K. Road (Jitur Dighir Par) Kailashahar and at about 11.45 A.M they found 3(three) persons wondering suspiciously and when they proceeded towards them those persons started feeing away from the spot running and they chased behind them and caught one of them.

  5. The person who was caught disclosed his name as Biplab Bhar and a packet was found with him in which 11(eleven) one thousand Taka of Bangladeshi currency notes and 11(eleven) Indian denomination of 500 rupees currency notes were found and they suspected that those currency notes might be fake currency notes and immediately they informed SDPO, Kailashahar and O/C of the Kailashahar P/S and the senior police officers rushed to the spot and arrested the accused and seized those currency notes which were found in possession of the accused Biplab Bhar and Kailashahar P/S Case No. 301/2012 under Section 489B and 489C of IPC was registered and S.I. Buddha Debbarma was entrusted with the charge of investigation.

    S.I. Buddha Debbarma conducted the investigation and sent the seized currency notes to the State Forensic Science Laboratory for examination. Subsequently investigation was handed over to S.I. Goutam Paul (P.W-7) and he submitted charge sheet against the accused-appellant.

  6. In course of trial, learned Sessions Judge on 07.01.2014 framed charges against the accused for commission of offence punishable under Section 489C of IPC to which he pleaded not guilty and claimed to be tried.

    Prosecution examined 9(nine) witnesses and exhibited the material documents including the seizure list and the report of TSFSI.

    After closer of the prosecution evidence accused was examined under Section 313 of Cr.P.C. and in his turn he declined to adduce any evidence. Defence case was that of bare...

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