HARU CHANDRA DEY Vs. C.B.I.

JUDGEMENT

(1.) Heard Mr. J.M. Choudhary, learned Senior Counsel assisted by Mr. B.M. Choudhary and Mr. D. Talukdar, learned Counsel appearing for the appellant and Mr. D. Das, learned Senior Counsel assisted by Ms. M. Boro, learned Counsel appearing for the respondent/C.B.I.

(2.) This criminal appeal assails the judgment and order dated 14.10.1996 passed by the learned Special Judge, Assam, Guwahati in Special Case No. 2 (c)/94 by which the appellant was convicted under sections 420/471, I.P.C. read with section 13 (2) and section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act'), and sentenced accordingly to undergo (i) Rigorous Imprisonment (for short 'R.1.') for 2 years and fine of Rs. 20.000.00 in default R.I. for 3 months under section 420, I.P.C., (ii) R.I. for one year and fine of Rs. 10,000.00 in default R.I. for 2 months under section 468, (iii) R.I. for 6 months and a fine of Rs. 2,000.00 in default R.I. for one month as regards sentence under section 471. I.P.C., and (iv) finally R.I. for 4 years and a fine of Rs. 25.000.00 in default of R.I. for 6 months under the relevant sections under the Act above noted.

(3.) The law was set in motion with the filing of an F.I.R. lodged with the C.B.I., registered as R.C. 25 (A)/93 against the appellant alleging therein that the appellant, while working as care-taker of the 80 bedded Mess, N.F. Railway. Maligaon, during the period of Dec., 1992 and Jan. and Feb., 1993, remaining absence for those period from duty, submitted forged requisition/indent for supply of materials of Pandu Stores Depot. N.F. Railway and collected materials against those items. But the articles after being collected were not brought to the store room of the said mess and thereby he misappropriated an amount of Rs. 94,000.00 being the total value of those articles so collected by him as mentioned above.