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2010 Supreme(Jhk) 436

Jaya Roy, J.
Ramkant Dubey @ Rama Kant Dubey & Ors.- Petitioner(s)
vs.
The State of Jharkhand through CBI – Opp. Party
Cr. Revision No. 540 of 2006
Decided On : 6.5.2010

Advocates Appeared:
For the Petitioner(s): - M/s Babban Lal, Ashok Kumar Sinha.
For the C.B.I. : Mr. Rajesh Kumar.

Headnote:(A) Code of Criminal Procedure, 1973---Section 313---Examination of accused---Sum and substance of evidence and accusation against accused persons must be put to them very clearly---In absence of allegation of any prejudice caused to petitioners during their examination u/s 313 , there is complete compliance of Section 313. (Para 14)

       2005(1) East.Cr.C 185(S.C.)---Distinguished.

       (2009)4SCC 200; (2004)7 SCC 502---Relied upon.

       (2003)2 SCC 401; 2009(3) East Cr.C 536(Jha.); 2001 Cr.LJ 4656; 2009(2) East.Cr.C 318(SC)---Referred to.

       (B)Indian Penal Code, 1860---Sections 420, 471 and 120B---Cheating and conspiracy---Complicity of accused persons in forged appointment proved beyond all reasonable doubts by prosecution---Conviction affirmed as the case is 25 years old, sentence awarded to petitioners reduced to period already undergone. (Para 16)

JUDGMENT

Jaya Roy, J.-

Petitioners have filed the instant revision application 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.5 of 1999, whereby the appeal filed by the petitioners has been dismissed and the judgment dated 21.12.98 passed by Manzoor Hassan, learned Special Judicial Magistrate (C.B.I.) Dhanbad in R.C. Case Nos. 3 and 9 of 1984 (T.R. No. 4/98) has been upheld. By the said judgment learned Special Judicial Magistrate has been pleased to convict the petitioners and sentenced them to undergo R.I. for one year each for the offences under Section 120B I.P.C. They have been further sentenced to undergo R.I. for one year each for the offence under Section 471 I.P.C. and also to pay fine of Rs.500/- each, in default of payment of fine, to undergo, R.I. for one month. They have been further sentenced to undergo R.I., for one year for the offence under Section 420 I.P.C. each and to pay fine of Rs.500/- each, in default of payment of fine, they have been directed to undergo R.I. for one month each. All the sentences have been directed to run concurrently.

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 Nos. 1 to 6, after entering into criminal conspiracy with Accused Nos. 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 17.11.81 which is purported to have been signed by one Sri S.K. Sinha, the then General Manager Area-II, has 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 Nos. 1 to 6 shifted from the initial place of posting i.e. Bhurungia Project. It is alleged that they manipulated some representation on behalf of the accused Nos. 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 25.5.81 which formed the basis for issuance of transfer letter vide office order No. BCCL-P.A.I/OO/81/4831742 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 Nos. 1 to 6 to join but also issued release order in favour of Accused Nos. 1 to 6. On the aforesaid ground FIR was registered under Section 120B read with Sections 420, 467, 468, 471 of the I.P.C.

vide R.C. Case NO.03 of 1984 against the aforesaid eight persons.

3. Another F.I.R. bearing R.C. Case No. 9/84 dated 9.5.84 was again drawn by Sri AK Asthana, C.B.1. Inspector, Dhanbad under Section 120B read with Section 420, 467,468 and 471 of the I.P.C. against Sri Ramakant Dubey, Haidar AIi, Sri Madan Lal Sharma, Sri Bhusan Singh (all are underground loader) Sri S. Pandya, Project Officer, Sri R.K. Arora and in the said FIR it was stated that accused Nos. 1 to 4 entered into criminal conspiracy with accused Nos. 5 and 6 and thereby secured employment on the basis of fictitious and












































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