Dimbeswar Bobo, S/o. Sri Naloram Boro vs State of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 217

MRIDUL KUMAR KALITA
Dimbeswar Bobo, S/o. Sri Naloram Boro – Appellant
Versus
State of Assam – Respondent

Advocates Appeared:
For the Appellant : Mr. P. Kataki.
For the Respondent: Mr. B.B. Gogoi, Additional Public Prosecutor.

JUDGMENT :

1. Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor appearing for the State of Assam.

2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been filed by the appellant, Sri Dimbeswar Boro impugning the judgment and order dated 05.01.2011, passed by learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 133(K) of 2009, whereby, the appellant was convicted under Section 489B of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.2,000/- and in default of payment of fine to undergo further rigorous imprisonment for two months.

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

i. That on 24.02.2005, one Md. Sukur Ali had lodged an FIR (First Information Report) before the Officer-In-Charge of Boko Police Station, inter-alia, alleging that on that day, the appellant Dimbeswar Boro was apprehended and was confined in the office room of Balijan Bazar Committee while he was purchasing goods in the market by giving some counterfeit currency notes of Rs.100/-.

ii. On receipt of the sai