GHANASHYAM SINGH Vs. CBI

JUDGEMENT

(1.) The judgment and order dated 16.02.2004, passed by the learned Ad-hoc Additional Sessions Judge, Kamrup, Guwahati in Criminal Appeal No. 03/2001 affirming the judgment of the Trial Court in C.R. Case No. 3552/98, convicting the petitioner under Section 468/471/420 of IPC and sentencing him R.I. for 1(one) year for each of the charge of the IPC with fine of Rs, 500/- for each offence, in default to imprisonment for 15 days is the subject matter of challenge in the revision.

(2.) The sum and substance of the prosecution case is that the petitioner got himself recruited to the post of Constable in the R.P.F, N.F. Railway, Maligaon in the unreserved category by producing forged Madhyamik Examination Certificate and mark sheet. The C.B.I. on getting information from a source, registered a case and on completion of investigation submitted charge sheet against the petitioner and his father under section 120-B/420/468/471 r/w Section 109 of I.P.C.

(3.) During trial charge was only framed against the petitioner under section 468/471/420 IPC. The other accused, Sri Prabhunath Singh was discharged as there was no material against him. The prosecution has examined as many as 8(eight) witnesses. The plea of the petitioner was of total denial. There has been concurrent finding of fact arrived at by the Court and ordinarily it is not open to the High Court to interfere unless it is shown that there has been flagrant miscarriage of justice due to improper appreciation of the evidence on record or the evidence adduced by the witnesses was not considered in its true perspective or it was mis-read by the Court.