NEW INDIA ASSURANCE CO. LTD Vs. PALASH BHUNIA

JUDGEMENT

(1.) Challenge in this criminal appeal is to the judgement and order of conviction passed by learned Judge, Special (CBI Court), Asansol, Burdwan in CBI Special Case No. 4 of 2011 thereby convicting the appellants under Sec. 420 and 120B of the Indian Penal Code.

(2.) Briefly stated, The Inspector of Police, SPE, CBI, Dhanbad set the criminal administration of justice into motion by recording an information he received through a reliable source that Sri S.N. Tiwari, Sri T.P. Banerjee and Sri A.M. Mandal while holding different posts in Chanch Victoria area of BCCL, Barakar during the year 1991-92, entered into a criminal conspiracy with M/s Omega Enterprise and in furtherance thereof falsely recommended for payment for complete work causing wrongful loss to the BCCL to the tune of Rs.3,47,456.06 corresponding to wrongful gain to themselves in the matter of execution of contract work relating to overhead line for power supply to DOCP sub-station from Victoria sub-station. Sri T.P. Banerjee and Sri S.N. Tiwari fraudulently and dishonestly allowed the payment to M/s Omega Enterprise though the said company failed to execute the entire work of fixing overhead line for a stretch of 4 kilometres approximately. The said company only completed overhead line for a length of 0.876 kilometres. Sri T.P. Banerjee and A.M. Mandal were supposed to do proper inspection of the work done and furnish specific report but they falsely certified the completion of work and satisfactory performance of M/s Omega Enterprise.

(3.) The information since disclosed offence cognizable in nature the FIR No. R.C. 4(A)/69(D) dtd. 22/2/1996 was registered which culminated into submission of charge sheet.