DWIJEN THAKURIA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These 2 (two) appeals are proposed to be disposed of by this common judgment since they have arisen out of the same judgment passed by the learned Special Judge, CBI, Assam in Special Case No. 25/2006, convicting and sentencing the present accused-appellants of both the appeals to undergo Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Sections 468/120 (B) of the IPC, Rigorous Imprisonment for 1 (one) year under Sections 471//465/120 (B) of the IPC, Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Sections 420/120 (B) of the IPC, Rigorous Imprisonment for 3 (three) years with a fine of Rs. 10,000/- with a default clause under Section 120 (B) of the IPC. The accused-appellant, Kameshwar Boro in Criminal Appeal No. 166/2009 has been further sentenced to Rigorous Imprisonment for 3 (three) years with a fine of Rs. 20,000/- with a default clause under Sections 13 (1) (d) /13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act) . The sentences are ordered to run concurrently

(2.) Heard Mr. B Prasad, learned Amicus Curiae, appearing for the accused-appellant in Criminal Appeal No. 154/2009 as well as in Criminal Appeal No. 166/2009. Also heard Mr. D Talukdar, learned counsel for the accused-appellant in Criminal Appeal No. 166/2009 as well as Mr. SC Keyal, learned Standing Counsel, CBI.

(3.) The case for the prosecution, briefly stated, is that on 26.12.2003, Sri Dhrubananda Das, the Senior Devisional Manager, LICI, Guwahati Division lodged a complaint before the DIG, CBI, Guwahati on the following facts. One Phatik Thakuria of village Mirza assured his life with the LICI, Mirza Branch and two policies, being No. 480657491 and No. 481351283, were issued in his favour by the said Branch. His wife, Bina Thakuria was the nominee for both the aforesaid policies. Both these policies were settled as death claims during the lifetime of the holder of the policies, Sri Phatik Thakuria, and the payments amounting to Rs. 1755800 were released by the Mirza Branch of the LICI through the bank account opened in the name of the aforesaid Bina Thakuria at the Central Bank of India, Mirza Branch. But, the amount so released was not, in fact, received by the nominee, Bina Thakuria. The account in her name, in the aforesaid Central Bank, affixing the photograph of Bijuli Thakuria, wife of accused-appellant, Dwijen Thakuria was opened. The accused-appellant, Dwijen Thakuria is an Agent of the LICI, Mirza Branch.