SHOBHAN RAM Vs. STATE OF JHARKHAND THROUGH CBI

JUDGEMENT

(1.) PETITIONER has filed the instant revision against the judgment dated 17.6.2006 passed by Sri Pradeep Kumar Choubey, Additional Sessions Judge, Fast Track Court No.IV, Dhanbad, in Criminal Appeal No.7 of 1999, whereby the petitioners convicted under section 120B of the I.P.C. and the sentence to undergo R.I. for one years awarded by the trial court is up held,

(2.) THE prosecution case in brief is that on 30.1.1984 the Deputy Superintendent of Police SPE/CBI Dhanbad lodged a FIR against eight accused persons namely Sri Indrajit Singh, Sri K.K.Das, Sri Hanuman Singh, Sri B.N.Singh, Md, Motima, Sri Ramjit Srivastava ( all are underground loader), Sri S.Pandya, Project Officer and Sri R.K.Arora with an allegation that he received a credible information that accused No.1 to 6 entering into criminal conspiracy with Accused No.7 and 8 maneuvered their appointment as underground loader on forged and fabricated appointment letters and in order to conceal their misdeeds they have adhered illegal documents in order to show their appointment being genuine one. The further case of the prosecution was that a forged appointment letter bearing No.,GM/AR II/ appointment /81/6472 dated 17.1.81 which is purported to have been signed by one Sri S.K.Sinha the then General Manager Area -II, have been manipulated on the records. The further case of the prosecution was that in order to conceal their misdeeds accused persons again manipulated to get Accused No.1 to 6 shifted from the initial place of posting i.e. Bhurungia Project, they manipulated some representation for on behalf of the accused No.1 to 6 dated May, 1981, i.e. long before the alleged forged appointment letters. They have also maneuvered forged letter on their representation petition forwarded by the accused No.7 with his recommendation under the signature dated 25.05.81 which formed the basis for issuance of transfer letter vide office order No.BCCL -P.A.I/00/01/8431742 dated 26/27 -11 -81 duly signed by Sri S.K. Banerjee Personnel Manager, Karmic Bhawan, BCCL,Dhanbad. The further case of the prosecution was that the involvement of accused No.8, Sri R.K.Arora in the said conspiracy is very much evident from the fact that although no appointment letter duly dispatched from G.M. Area -II, was ever received in Bhurungia Project still said Mr.Arora not only allowed accused No.1 to 6 to join but also issued release order in favour of Accused No.1 to 6. On the aforesaid ground FIR was registered under section Rs.120B read with section 420, 467, 468, 471 of the I.P.C. vide R.C.Case No.03 of 1984 against the aforesaid eight persons.

(3.) BOTH the FIR have been amalgamated and after investigation Mr. Asthana submitted charge sheet under section 120B read with section 467, 468, 471, 420 of the I.P.C against all persons including the petitioner.