GOPAL RANGHANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.07.2012 of the learned Special Judge, Assam in Special Case No. 7/2010. By the said judgment, the accused appellant Gopal Ranghang, since expired, has been convicted for the offence punishable under Section 468/471 IPC and Section 409 IPC. While for the offence under Section 468/471, he has been sentenced to undergo RI for 4 years with fine of Rs. 20,000/-, in default to undergo RI for 1 year, in respect of the offence under Section 409 IPC, he has been sentenced to undergo RI for 2 years and fine of Rs. 10,000/- and in default to undergo RI for 6 months. Both the sentences are to run concurrently and the period of detention during investigation and trial is to be set off against the period of imprisonment. Although the proceeding was against three accused persons including the present appellant, but the other two accused persons, namely Sagar Samrat Gupta and Dipak Kr. Talukdar have been acquitted on benefit of doubt. It will be pertinent to mention here that during pendency of this appeal, the accused appellant died and in terms of the order passed on 23.2.2015 in Crl. Misc. Case No. 116/2015, his legal heirs, i.e. the wife, son and daughters have entered into his shoes. According to the prosecution case, the accused appellant while serving as Block Development Officer (BDO) of Tihu Development Block entered into a criminal conspiracy with the other two accused persons to defraud the State exchequer to the tune of Rs. 40,00,000/- by showing purchase of GCI sheets and ridging for Tihu Block Development Office. Be it stated here that accused Sagar Samrat Gupta was the proprietor of M/S Allied Business Corporation, Guwahati and accused Dipak Kr. Talukdar was the owner of the particular premises, which was taken on rent by the accused appellant for the purported official purpose.

(2.) Although the accused appellant handed over charge of BDO on 9.4.2008 to Project Director, Nalbari, he placed an order with M/s. Allied Business Corporation, Guwahati for supplying 1000 bundle of GCI sheets and 12000 ft. ridging to Tihu Development Block and the said proprietor allegedly submitted fake challan of delivering those materials to the block office. Thereafter the accused collected a cheque book from Central Bank of India, Nathkuchi Branch and issued one cheque in favour of the Allied Business Corporation for Rs. 40,00,000/-.

(3.) According to the prosecution, the said secret deal came to light when M/s. Allied Business Corporation, Guwahati insisted the Deputy Commissioner, Nalbari for payment against the materials allegedly supplied to Tihu Development Block. On 24.6.2008, the then BDO, namely, Sri Gaya Prasad Agarwal requested the Deputy Commissioner, Nalbari for lodging an FIR with the O/C of Tihu Police Station and consequent upon such lodging of FIR narrating the aforesaid facts, Tihu P.S. Case No. 42/2008 was registered under Section 120B/420/468/471 IPC.