ASHOK KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Above mentioned two appeals are preferred by two appellants assailing the judgment and order of conviction dated 26.9.2000 passed by Sri Dulal Chandra De, WBHJS, Judge, Calcutta, 3rd Special Court at Calcutta in case No. 4 of 1989 convicting the appellant of offences punishable under Sections 120B/420/468/ 471 of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for two years and pay a fine of Rs. 2000/- in default to suffer rigorous imprisonment for six months for each of the offence punishable under Sections 420/468 read with Section 120B of the Indian Penal Code, however, no separate sentence on conviction under Section 471 of the Indian Penal Code was passed. Grounds taken is that the learned Judge relied on inadmissible evidence and the impugned judgment is bad in law and in fact.

(2.) Prosecution case in brief is that in response to the requisition sent by Deputy Commissioner of Police Headquarter Kolkata the Directorate of Employment Exchange sponsored 1200 candidates for preliminary selection against the vacancies in the post of constable of Calcutta Police Force. The candidates who were requested to sponsor belonging to different Districts 24-Parganas (North), 24-Parganas (South), Nadia, Murshidabad, Malda, West Dinajpur, Birbhum in addition to Calcutta. From the District Employment Exchange, Rampurhat district Employment Exchange, Rampurhat, Birbhum was asked to sponsor the name of 30 (thirty) general candidates, 10 (ten) S.C. candidates, 3 (three) S.T. candidates and 1 (one) Ex-2 serviceman candidate. The date of interview selection was scheduled on 10th September, 1987 at 9 A. M. at the Police training School at 247, A.J.C. Bose Road, Kolkata- 700027. From the District Employment Exchange, Rampurhat the Deputy Commissioner of Police Headquarter Calcutta received two lists of sponsored candidates, one was delivered by special messenger and another was though registered post Accordingly on 7th September, 1987 D.C. Headquarter wrote a letter to the Directorate of Employment Exchange, Kolkata on verification of the said list Directorate of Employment Exchange Confirmed that the list bearing receiving entry no. 10699/CRO dated 4th September, 1987 was genuine but the list for was during the candidates under the Memo No. 10A/24/87, dated 2nd September, 1987 was fake. Accordingly on the date of intermission at the Police Training School the candidates whose name appeared in the fake list were segregated from the candidates who were sponsored by genuine list. At the time of intermission one of the candidates in fake list Sk. Kazem Ali Khan (P.W. 9) on interrogation admitted that he gave a bribe of Rs. 4000/- to an employee of the Sub-Divisional Judicial Magistrate Court at Rampurhat and received the interview letter from him. The competent authority of the Directorate of Employment, thereafter, wrote letter bearing no. 1R - 16/87/SG (43)/30097A dated 10th September, 1987 to the Deputy Commissioner of Police Detective Department, Lalbazar, Kolkata to investigate the matter aforesaid and take appropriate action regarding the offence alleged. Based on the said complaint, the authority of the Hare Street Police Station had drawn an unknown FIR being no. 571/87 dated 19th September, 1987 under Section 120B/420, 420, 468, 477A of the Indian Penal Code, 1860.

(3.) The Trial Court after hearing the parties and considering the materials available during investigation famed charge against the three charge-sheeted accused persons under Sections 420/468/471 1PC read with section 120B IPC and also under Sections 420/34 IPC, 468/34 IPC and under Section 471/34 IPC after the case was committed to the Court of the Judge, 3rd Special Court, Calcutta cognizance was taken on 06.02.1989 and the trial was started on framing of the said charges against the accused persons/appellants herein since the appellants abjured the guilt claiming trial. The charges against the appellants was further amended on 31.7.1996.