MITALI THAKURIA
Shyamal Bezbaruah S/o Late Narayan Bezbaruah – Appellant
Versus
Central Bureau Of Investigation – Respondent
JUDGMENT :
Heard Mr. P. Kataki, learned counsel for the appellant. Also heard Mr. M. Haloi, learned Special Public Prosecutor, CBI, representing the respondent.
2. This is an appeal under Section 27 of the Prevention of Corruption Act read with Section 374(2) of the Code of Criminal Procedure, 1973, against the judgment and order dated 23.05.2012, passed by the learned Special Judge (CBI), Assam, in Special Case No. 28/2004, convicting the accused/appellant under Section 120(B)/468 of the Indian Penal Code read with Section 13(2) & Section 13(1)(d) of the Prevention of Corruption Act, 1988, and sentenced him to undergo R.I. for 5 (five) years and to pay a fine of Rs. 5,000/-(Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Section 13(2) & 13(1)(d) of the Prevention of Corruption Act, 1988, and further to undergo R.I. for 5 (five) years and to pay a fine of Rs. 5,000/-(Rupees five thousand) only in default to undergo R.I. for another 1 (one) month for the offence under Section 468 of the Indian Penal Code and it is further ordered that both the sentences will run concurrently.
3. The prosecution case pertains to the forgery of order
Bhagwan Jagannath Markand–Vs-State of MP
Dr. S.L.Goswami -vs-State of MP reported in (1972 3 SCC 22)
Hanumant vs. The State of Madhya Pradesh reported in AIR 1952 SC 343 : 1952 1 SCR 1091
Kehar Singh & Ors. Vs. State (Delhi Administration) reported in (1988) 3 SCC 609
Noor Mohd. v. State of Maharashtra
Rabindra Kumar Dey -vs-State of Odisha
Rajkumar Singh–vs-State of Rajasthan
Sharad Birdhi Chand Sarda vs. State of Maharashtra reported in 1984 AIR 1622 : 1985 SCR (1) 88
Shiv Narayan Laxminarayan Joshi & Ors. Vs. State of Maharashtra reported in (1980) 2 SCC 465
State (NCT of Delhi) Vs. Navjot Sandhu @ Afsan Guru reported in (2005) 11 SCC 600
Sardar Sardul Singh Caveeshar v. State of Maharashtra [AIR 1965 SC 682: (1964) 2 SCR 378]
Shivaj Sahabrao Bobade & Anr. Vs. State of Maharashtra reported in 1973 AIR 2622 : 1974 SCR (1) 489
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