MENDI RAM BORO Vs. STATE CBI

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 10-6-1995 passed by the learned Special Judge. Assam, Guwahati in Special Case No. 11 of 1987 convicting the accused appellant Medhi Ram Boro under Sections 120-B/409/477-A/468, IPC and Section 5(1) read with Section 5(1)(c) of the Prevention of Corruption Act, 1947 and sentencing him to one year's R.I. and also to pay a fine of Rs. 250.00 in default, to further 1 month's R.1 under each count of the charge except under S. 120-B, IPC.

(2.) I have heard Mr. S. Medhi, learned counsel for the appellant and Mr. D. Das, learned Special Public Prosecutor, CBI assisted by Mr. L. N. Upadhaya, learned counsel.

(3.) The prosecution case in brief is that the accused No. 1 Shyam Lal Sharma was serving as SDO, Phones and accused No. 2 Mehi Ram Boro the present accused appellant was Office Assistant (clerk-cum-cashier) in the office of the SDO, Telephones, Panbazar, Guwahati in the year 1984. Rajeswar Singh and Sadhan Chandra Dey were the drivers of the office of the SDO. Telephones, Panbazar. They used to look after the minor repairing and servicing, local purchase and both of them used to receive money in advance either from the accused No. 1 or the accused No. 2, the present appellant. They obtained cash memos from the firms by putting their own signatures on the cash memos and then submitted the cash memos either to the accused No. 1 or accused No. 2, the present appellant. It is alleged that the accused No. 2 the present appellant manipulated the cash memos, A.C. Bills were used to be put up to the accused No. 1 showing adjustment of the manipulated amounts of the cash memos for passing the amount for payments. The following bills were put up by the accused No. 2 the present appellant before the accused No. 1 for passing bills : Sl.No. Cash Memo Date Actual Amount Inflated Amount 1. 2670 14-8-1984 9.00 19.00 2. 10151 13-8-1984 7.00 17.00 3. NIL 14-8-1984 35.00 135.00 4. 535 28-9-1984 25.00 125.00 5. 2956 13-6-1984 140.00 240.00 6. 27415 18-8-1984 59.00 159.00 7. 39 13-8-1984 30.00 60.00 8. 2393 23-8-1984 27.00 127.00 9. 019167 12-6-1984 32.00 152.00 10. 2578 9-8-1984 108.12 188.12 @@@