DULAL CHANDRA BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) These three appeals, namely, Criminal Appeals Nos. 68, 71 and 78 of 1981 can be disposed of by a common judgment as they are from an order of conviction dated 29-5-81 passed by the Special Judge Gauhati in Special Case No. 6 of 1976.

(2.) The Special Judge convicted the accused Dulal Chandra Baruah, the appellant in Criminal Appeal No. 68 of 1981, under sections 120-B, 114 r/w 409, 114 r/w 467, IPC and Section 114 r/w 5(2), P. C, Act, the accused Hari Nath Sarma, the appellant in Criminal Appeal No.71 of 1981, under Sections 120-B, 409, l14 r/w 467, I.P.C. and Section 5(2), P. C. Act and accused Khageswar Konwar, the appellant in Criminal Appeal No. 78 of 1981, under Sections 120-B, 467, l14 r/w 409, I.P.C. and Section l14, I.P.C. r/w Section 5(2), P. C. Act.

(3.) The facts of the case, in brief, are that during the months of March, April and May of 1972, the accused were posted to the Dibrugarh West Embankment and Drainage Sub-Division of the Public Works (Brahmaputra Flood Control) Department of Government of Assam. The accused Hari Nath Sarma was the Sub-Divisional Officer (SDO), the accused Dulal Chandra Baruah was the Sectional Officer (SO) and the accused Khageswar Konwar was the Section Assistant (SA). The accusations against three accused were that they entered into a conspiracy to dishonestly misappropriate an amount of Rs. 494.00 out of the labour wages shown in the muster roll for the annual repair works of a portion of the 'Bund.' In pursuance of the said conspiracy, they introduced take names of 7 fictitious labourers in the muster roll and forged the muster roll by affixing thumb impressions of the accused Khageswar Konwar (SA) against the fake names of the fictitious labourers in the muster roll and falsely showing payment to them by endorsing false certificate of identification and Payment. It is also alleged that in pursuance of the conspiracy the accused Hari Nath Sarma (SDO) dishonestly misappropriated the said sum of Rs.494.00 and committed breach of the trust with respect to the said amount while the accused Khageswar Konwar (SA), committed forgery by putting his thumb impressions against the fake names of seven (7) fictitious labourers in the muster roll and all the three accused persons co-jointly committed the offences for which they have been convicted, as already stated above.