HASSAN ALI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 23 -06 -2014 passed by the learned Special Judge, CBI, Assam, Addl. CBI Court -II at Chandmari, Guwahati in Special Case No.26 of 2006 whereby the appellant has been convicted under Sections 420/467/468/471/201 Penal Code and Sec. 13(2) read with Sec. 13(1)(d) of P.C. Act,1988 and sentenced to suffer R.I. for 4 years with fine of Rs.10,000/ -, in default, R.I. for 6 months under Sec. 420 IPC, R.I. for 3 years with fine of Rs.10,000/ -, in default, R.I. for 6 months under Section 467 IPC, R.I. for 3 years with fine of Rs.10,000/ -, in default, R.I. for 6 months under Sec. 468 IPC, R.I. for 3 years with fine of Rs.10,000/ -, in default, R.I. for 6 months under Sec. 471 Penal Code and R.I. for 1 year with fine of Rs.10,000/ -, in default, R.I. for 2 months under Section 201 IPC, R.I. for 4 years and fine of Rs.10,000/ -, in default, R.I. for 6 months under Sec. 13(2) read with Sec. 13(1)(d) of the P.C. Act, 1988. All the sentences have been set to run concurrently.

(2.) I have heard Mr. B.K. Mahajan, learned counsel for the appellant and also heard Mr. P.N. Choudhury, learned Standing Counsel for CBI, Assam.

(3.) The prosecution story, in brief, is that the appellant Hassan Ali was posted at Branch Manager, Life Insurance Corporation of India (LICI) at Maligaon Branch and during Nov., 2004, 2 LIC Policies No. 483534143 and No. 441535489 were issued in the name of one Md. Abdul Khaleque, a non -existent person purported to be a resident of Sijubari, Guwahati. It is alleged in the FIR that the appellant -accused entered in criminal conspiracy with unknown person and in pursuance to said criminal conspiracy and by abusing his official position, 2 LIC policies were prepared based on fabricated documents. Further allegation against the accused appellant is that he fraudulently and dishonestly processed false death claim in respect of the aforesaid 2 LIC policies manufacturing false and fabricated death certificate and disbursed a total amount of Rs. 12,55,682/ - towards settlement of false death claims against the said policies. It was alleged that the accused appellant with fraudulent and dishonest intention, opened a Savings Bank Account No.268984 in the name of Mrs. Rahima Khatun, known to be the wife of Md. Abdul Khaleque and nominee under the 2 policies. The photographs of some other lady purported to be of Smti Rahima Khatun, the relevant Bank documents at UCO Bank at Maligaon, were affixed and the 3 claim cheques issued by the LICI, Maligaon, were encashed causing wrongful loss to the LIC of India to the extent of Rs.12,55,682/ - and there by causing corresponding wrongful gain to himself and others.