UMAPADA SANTRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been directed against the Judgment and Order passed by Sri S. K. Das, learned Judge, Midnapore 1st Special court, (Additional Sessions Judge, 1st Court, Midnapore) in Special Trial Case No. 3 of 1984 (arising out of G. R. Case No. 189 of 1977), on 14.07.1988, whereby the learned Judge found the appellant/accused guilty under Sections 409, 465, 467, 471 and 477A of the Indian Penal Code and convicted him under the said sections and sentenced him to undergo rigorous imprisonment for four years under Section 409 of the Indian Penal Code only, but passed no separate sentence for the rest proven charges.

(2.) It was the case of the prosecution that the appellant/accused, the then Anchal Pradhan of Anchal No. 1, Sultanpur, Ghatal Block, took charge of re-sinking or repairing four derelict tube wells in March, 1977, and filed documents showing expenditure of Rs. 850/- for the work done. But Mr. R. I. Singh, Sub-Divisional Officer, Ghatal on personal inspection of the site on 18.05.1977 found that nothing was done regarding the work of the said tube wells, Sri R. I. Singh, the then Sub-Divisional Officer, Ghatal, forwarded his report to the Officer-in-Charge of Ghatal Police Station for investigation and taking necessary action on 27.05.1977 vide Memo No. 216C dated 27.05.1977. Inspector Santosh Kumar Chakraborty, the then Officer-in-Charge of Ghatal Police Station, started Ghatal Police Station Case No. 18 dated 28.05.1977 in that regard after receiving the said complaint and treating the same as F. I. R and endorsed the case to Sub Inspector S. K. Lahiri for investigation, who after completion of investigation submitted charge-sheet against the appellant/accused receiving reports of the finger-print expert Kamal Kumar Mukherjee and handwriting expert Shankar Prasad Sinha. Thereafter the appellant/accused faced trial before the learned Judge, 1st Special Court, Midnapore, on the aforesaid allegations.

(3.) It appears that after receipt of the F. I. R. from the S. D. O. , Ghatal, G. R. Case No. 189 of 1977 was initiated under Sections 406/477A/420 of the Indian Penal Code and after investigation into the case police submitted a chargesheet against the appellant/accused under Sections 409, 467, 471 and 477A of the Indian Penal Code. Thereafter charges under Section 409, 465, 467, 471 and 477A were framed against the accused on the basis of the FIR lodged by the defacto complainant, which were read over and explained to the accused/appellant, who pleaded not guilty and claimed to be tried, and then evidence of the P. Ws. were taken.