SHYAMAL BEZBARUAH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Mr. M. Haloi, learned Special Public Prosecutor, CBI, representing the respondent.

(2.) This is an appeal under Sec. 27 of the Prevention of Corruption Act read with Sec. 374(2) of the Code of Criminal Procedure, 1973, against the judgment and order dtd. 23/5/2012, passed by the learned Special Judge (CBI), Assam, in Special Case No. 28/2004, convicting the accused/appellant under Sec. 120(B)/468 of the Indian Penal Code read with Sec. 13(2) and Sec. 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced him to undergo R.I. for 5 (five) years and to pay a fine of Rs.5,000.00 (Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Sec. 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988, and further to undergo R.I. for 5 (five) years and to pay a fine of Rs.5,000.00 (Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Sec. 468 of the Indian Penal Code and it is further ordered that both the sentences will run concurrently.

(3.) The prosecution case pertains to the forgery of order dtd. 25/2/1999, passed by this High Court in Civil Rule No. 4314/1997. The then Registrar General vide letter dtd. 4/3/1999 directed the Superintendent of Police (CBI) for investigating in the matter for alleged substitution of Page No. 9 of the judgment and order dtd. 20/11/1998, passed by this Court in Civil Rule No. 4314/1997, by forging the signature of Hon'ble Mr. Justice A. K. Patnaik. Accordingly, the case was registered and numbered as R.C. Case No. 5(A)/99 (SHG), under Ss. 120B/219/420/468/471 of the Indian Penal Code read with Sec. 13(2) and Sec. 13(1)(d) of Prevention of Corruption Act and endorsed to Shri K. Barman, Inspector of Central Bureau of Investigation of Corruption Branch, Guwahati, for investigation and on completion of investigation, the CBI filed Charge-Sheet against the accused- A. R. Mazarbhuiyan, Chatindra Nath Deka @ Satyen Deka and the present accused/ appellant- Shyamal Bezbaruah under Ss. 120B/468/ 471(A)/299 of the Indian Penal Code read with Sec. 13(2) and Sec. 13(1)(d) of Prevention of Corruption Act. However, the charges were framed under Ss. 120B/468/471 of the Indian Penal Code read with Sec. 13(2) and Sec. 13(1) (d) of Prevention of Corruption Act.