Ajit Borthakur, J.

Heard Mr. B. K. Mahajan, and Mr. A. Chamuah, learned counsel, for their respective accused-appellants. Also heard Mr. P. N. Choudhury, learned standing counsel, CBI.

2. Both appeals under section 374(2) of the Code of Criminal Procedure, 1973, are preferred against the judgment & order, dated 12.02.2014, passed by the learned Special Judge, Central Bureau of Investigation(CBI), Assam, Guwahati, in Special Case No. 09/2005 convicting the accused-appellant Sri Chittaranjan Roy and Sri Khireswar Saikia under Sections 120B/420 IPC read with section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988(for short 'PC Act').

3. The prosecution case, in brief, may be stated thus:

Shri N. N. Barkakaty, the then Chief Executive Director, Assam State Cooperative Agriculture & Rural Development Bank Ltd.(for short 'ASCARD'), Guwahati, lodged two First Information Reports, on 06.04.1998, before the Officer-in-Charge, Paltan Bazar P.S. alleging that Md. Pahar Khan, the then General Manager and Sri Khireswar Saikia, the then Chief Executive Director of the said Bank committed financial irregularities during the period 1995-96. It was alleged that Md. Pahar Khan, while working as General Manager i/c recommended for sanction and payment of Rs. 11.43 lakh, for consultancy fee to the accused-appellant irregularly, w.e.f. 01.12.1994, during continuation of Sayed Ahmed Ali as Consultant of the Bank, without maintaining any record of service rendered by him.

Investigation, Trial And Conviction:

Based on the above 2(two) FIRs, Paltan Bazar P.S. Case Nos. 199/1998 and 202/1998 were registered, which were subsequently transferred to the C.B.I., pursuant to the Notifications of the Govt. of India and the Government of Assam, whereupon R.C. 5 and 6/E/2001-Cal were registered, on 08.02.2001 by CBI/EOW/Kolkata. On completion of investigation, the CBI laid a charge-sheet under Sections 120B/420 IPC and Sections 13(2) read with 13(1)(d) of the PC Act, against the accused appellants, namely, Chitta Ranjan Roy, Sri Khireswar Saikia, and 2(two) others, namely, Md. Pahar Khan and Md. Imran Shah. The learned trial Court, after furnishing copy of the relevant papers, collected during investigation to the accused-appellants and others and hearing the learned counsels of both the sides framed charges under the aforesaid charge-sheeted penal Sections, on 06.03.2009. The charges having been read over and explained to the accused-appellants and others, they pleaded not guilty. Thereafter, during trial, the prosecution examined as many as 16 (sixteen) witnesses, while the defence cross-examined them. After closing the evidence of the prosecution side, the statement of the accused-appellants were recorded under Section 313 Crpc, 1973. Accused-appellants pleaded not guilty. No defence witness was examined. Thereafter, the learned trial Court, after hearing the learned counsels of both the sides and appreciation of evidence on record, held that the accused-appellants, namely, Chitta Ranjan Roy and Khireswar Saikia guilty of the charges and convicted and sentenced them each to undergo rigorous imprisonment for 6(six) months, under Section 120B IPC and rigorous imprisonment for 2(two) years with a fine of Rs. 10,000/-(Rupees Ten Thousand) in default rigorous imprisonment for 2(two) months under Section 420 IPC. The appellant Khireswar Saikia was further sentenced to suffer rigorous imprisonment for 1(one) year and to pay a fine of Rs. 1,000/- (Rupees One Thousand) only in default to undergo rigorous imprisonment for 15(fifteen) days under Sections 13(2) read with 13(1)(d) of the PC Act, 1988.

Grounds in Criminal Appeal No. 126/2014

Appellant - Chitta Ranjan Roy

1. That the learned trial Court has misread the evidence and failed to take into consideration the important piece of evidence favourable to the accused-appellant;

2. That the learned trial Court relied upon the evidence of PW-1, 4, 6 and 7, who stated that the accused-appellant was