RANJIT DEBNATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Revision is preferred against the order dated 31.03.2011 passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No.19(3)/2010, whereby the learned court has affirmed the judgment of conviction passed by the learned CJM in GR Case No. 934/2000 convicting the accused/petitioners under Section 468/471 IPC and sentenced them to undergo RI for 1 and 1/2 years and fine of Rs.5,000/- each in default SI for another 3 months under.

(2.) I have heard Mr. GP Bhowmik, learned counsel for the revision petitioners. I have also heard Mr. B Goswami, learned counsel appearing on behalf of the respondents.

(3.) The case in nutshell is that one Rabin Khamikar, SI of Police(Border), Dibrugarh lodged an FIR on 12.07.2000 in Dibrugarh PS contending interalia that on being suspected about the nationality of the accused persons, the matter referred to the Foreigners Tribunal, Dibrugarh for adjudication. Both the accused persons appeared before the Foreigners Tribunal, Dibrugarh and filed some documents including a citizenship certificate issued in the name of Braja Mohan Debnath from the office of the Deputy Commissioner, Nagaon. On being suspected about the genuineness of the said certificate the learned Member of the Foreigners Tribunal called for a report from the office of the Deputy Commissioner, Nagaon regarding issuance of said certificate. After enquiry a report was submitted from the office of the Deputy Commissioner, Nagaon that no such certificate was issued from the office in the name of Braja Mohan Debnath.