MADHABI DEB BURMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 6.7.2002 passed by Shri Bimlendu Bhushan Mangal Murti, Spl. Judge, CBI-cum-1st Additional Sessions Judge, Dhanbad in R.C. Case No. 3(A)/91-SIG, by which judgment he found the Appellant No. 2, namely, Sisir Kumar Deb Burman guilty under Sections 420, 467, 468 & 120B of the Indian Penal Code and sentenced him to undergo 3 years. He also found the Appellant Nos .1 & 3, namely, Smt. Madhabi Deb Burman and Subhash Chandra Mitra guilty under Sections 420 & 120B of the Indian Penal Code and sentenced them for 3 years R.I. on each count. The sentences shall run concurrently.

(2.) It is submitted by the learned Counsel for the Appellants that as far as the accused-Appellant No. 3, Subhash Chandra Mitra is concerned, there is no evidence that he cheated the Government or he directly received any money from the Government or he gave any kick back to the main accused, Prof. D.K. Sinha, Director, Indian School of Mines, hence the conviction of Appellant No. 3, Subhash Chandra Mitra is bad in law and fit to be set aside. Learned Counsel further submitted that even the allegation of any conspiracy or any fraud committed by accused-Appellant No. 2, Sisir Kumar Deb Burman husband of Smt. Madhabi Deb Burman, has also not been proved and as such he also deserves some sympathetic judgment from this Court in the matter.

(3.) On the other hand, learned Counsel for the C.B.I. has opposed the prayer and submitted that the allegation against the two Appellants, namely, Sisir Kumar Deb Burman and Smt. Madhabi Deb Burman has been proved by the evidences and it requires no interference by this Court. However, as far as Appellant No. 3. Subhash Chandra Mitra is concerned there is direct allegation against him that actually he printed the question papers at higher rates than the prevailing market rates and it has also been proved that kick backs were handed over to the concerned Govt. Officer i.e. Director of Indian School of Mines. Hence, he is also guilty.