1. This appeal is preferred against the judgment and order dated 17 April, 2008 and 18 April, 2008 respectively passed by the Learned Additional Sessions Judge, 2nd Court Nadia in Sessions Trial No. (iv) (vi) (07) arising out of Sessions Case No. 106 (3) (07) convicting the appellant under S.489 (C) of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay a fine of Rs.5,000/- in default to suffer simple imprisonment for 6 months more.

2. The prosecution case precisely stated on 13.10.2005 at 15:15 hours the Sub-Inspector of Police filed a complaint at Dhubulia P.S. whereby the appellant Habibur Rahaman Mallick alias Habi resident of Chapra, Balir Mathpara P.S. Chapra, Nadia was apprehended with forged currency notes of Rs.100/- denomination amounting to Rs. 48,000/- in a plastic bag. On 13.10.2005 at about 10:05 hours de - facto complainant along with A.S.I. Pravat Biswas, Constable 747 Madhab Mondal, Constable 1679 Swapan Ghosh on the basis of a secret information registered Dhubulia P.S. GD entry number 533 dated 13.10.2005 and left for Sonatola. On reaching Sonatola at about 10:55 hours the aforesaid persons ambushed near Sonatola Ghat