ARUN BARUAH AND ANR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 22.12.2009, passed by the learned Sessions Judge, Jorhat in Criminal Appeal No.13/2008, whereby the learned Court has upheld the judgment and order of conviction and sentence, passed by the learned CJM, Jorhat in G.R. CaseNo.243/1999, convicting the accused/petitioners under Sections 467/468/471/114 of the IPC.

(2.) The prosecution case in be brief may be narrated as follows: The present petitioner No.1 Arun Baruah and the petitioner No.2 Smti Puspa Dutta Baruah are husband and wife. The petitioner No.1 is Sub-Engineer in the office of the PWD, Jorhat East Division during the period from 1996 to 1999. On 25.01.1999, the petitioner No.2 came to the office of the Executive Engineer, Jorhat E & D Division and produced a copy of transfer order dated 22.01.1999, issued by the Chief Engineer, Flood Control Department along with a release order issued by the Executive Engineer, Jorhat E & D Division. Subsequently Sri Khirod Ch. Das, the then Executive Engineer came to know that the petitioner No.2 had produced false transfer order, who sought clarification from the Chief Engineer, Flood Control Department and accordingly he was informed that no such transfer order was issued by the Chief Engineer, Flood Control Department. He lodged the FIR. and the O.C., Jorhat P.S. registered the Jorhat P.S. Case No.113/99, u/s.468/471 IPC.

(3.) During the investigation, it was revealed that petitioner No.1, Sri Arun Baruah manufactured the last pay certificate, form for fixation of initial pay and service book purporting to be issued by the Executive Engineer, Dhemaji E & D Division, in the name of petitioner No.2 Smti Puspa Dutta Baruah and with the help of those documents, she managed to join the office of the Executive Engineer, Jorhat and after conclusion of the investigation, charge sheet u/s.468/471 of the Penal Code was filed against the present petitioners.