KHANINDRA KR DUTTA Vs. STATE C B I

JUDGEMENT

(1.) These three criminal appeals, being Criminal Appeal Nos. 181/2008, 184/2008 & 187/2008, have arisen out of the judgment in Special Case No. 54/2004 (new) [Special Case No. 4 (c) /1997 (old) ] preferred by the accused-appellants, Khanindra Kr. Dutta, Ekhthiaruddin Talukdar, and Bhupendra Kr. Deka, respectively. The learned Special Judge, CBI, Assam, vide judgment and order, dated 12.9.2008, convicted and sentenced the accused-appellants to (1) rigorous imprisonment for 3 years with a fine of Rs. 1,000/- in default, rigorous imprisonment for 6 months under Section 120 (B) read with Section 420/471/465/477 (A) of the IPC, (2) rigorous imprisonment for 3 years with a fine of Rs. 1,000/- in default, rigorous imprisonment for 6 months under Section 477 (A) of the IPC, (3) rigorous imprisonment for 3 years with a fine of Rs. 1,000/- in default, rigorous imprisonment for 6 months under Section 120 (B) read with Section 420 of the IPC, (4) rigorous imprisonment for 1 year with a fine of Rs. 500/- in default, rigorous imprisonment for 1 month under Section 471/465 of the IPC, and (5) rigorous imprisonment for 3 years with a fine of Rs. 20,000/- in default, rigorous imprisonment for 1 year under Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act.

(2.) I have heard learned senior counsel, Mr. T.J. Mahanta, for the accused-appellant, in Criminal Appeal No. 181/2008, learned counsel Mr. B.M. Choudhury, for the accused-appellant in Criminal Appeal No. 184/2008, and learned counsel Mr. P. Kataki, for the accused-appellant in Criminal Appeal No. 187/2008. I have also heard Mr. S.C. Keyal, learned standing counsel for the CBI in all these appeals for the respondents.

(3.) The fact leading to the prosecution case is that, the accused-appellants are respectively the officers and office assistant in the Veterinary department at Mangaldai. The accused-appellant Khanidra Kr. Dutta was the Veterinary Assistant Surgeon and in-charge of the medicine store at the office of the DVO, Mangaldai. The accused-appellant, Ekhthiaruddin Talukdar, was the accountant and the accused-appellant Bhupendra Kr. Deka was the store-keeper in the said office.