J KAPTHIANGA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 15.5.2006, passed by the learned Special Judge, CBI, Assam, Guwahati, in Special Case No. 27/2004, convicting and sentencing the accused appellant under Sections 120(B)/420 IPC to rigorous imprisonment for 1 ½ years and to pay a fine of Rs. 2,000/-, in default, further rigorous imprisonment for 3 months for offence under Section 120(B) IPC and also rigorous imprisonment for 1 ½ years with a fine of Rs. 2,000/- , in default, rigorous imprisonment for 3 months for offence under Section 420 IPC.

(2.) Heard Mr. K Agarwal, learned Senior counsel for the appellant. Also heard Mr. S C Keyal, learned Standing counsel for CBI. I have also perused the record of the learned trial court including the evidences.

(3.) The fact, leading to the case is that, on 30.11.1979, SP, SBI, Shillong, received an information that, Shri S K Biswas, the then Director, Agriculture, Government of Mizoram, entered into a conspiracy with the proprietors of M/s Zoram Supply Agency and M/s J K Press, Shri J Kapthianga and as well one Shri S N Agarwal and Sri M N Mishra. The conspiracy was made to cheat various persons and authorities including SAIL, at Guwahati and the Government of Mizoram. In pursuant to such conspiracy, they purchased 600 MT of various building materials including GI sheets from SAIL, which were purportedly purchased for construction of Government quarters in Mizoram although those were never brought to Mizoram and disposed of at Guwahati at a very high price.