Decided on January 08,2021

Sukhendra Deb Appellant


S.G.Chattopadhyay,J. - (1.) This Criminal Revision Petition is directed against the judgment dated 03.05.2014 passed by the learned Sessions Judge, West Tripura, Agartala in Criminal Appeal No.44(3) of 2013 whereby learned Sessions Judge has upheld the conviction and sentence of the petitioner under Section 471 of the Indian Penal Code (IPC hereunder) while setting aside his conviction and sentence under Section 468, IPC.
(2.) The facts of the prosecution case, in brief, are as follows: The petitioner was appointed as a rifle-man in the 1st battalion of Tripura State Rifles(TSR) on 30.04.1988 and for securing such appointment he submitted School transfer certificate No.88 of 1986 dated 07.01.1986Exbt.6 issued by the Headmaster, Kamalghat High School, Agartala. After serving in the 1st Battalion of TSR for about 15 years, the petitioner joined the 2nd Battalion of TSR on 13.04.2003. He got several promotions during this period of service. On 06.10.2006 the Deputy Commandant of 2nd Battalion, TSR sent the said school transfer certificate dated 07.01.1986 of the petitioner to Kamalghat High School for verification of its genuineness. In reply dated 18.10.2006, the Headmaster, Kamalghat High School informed the Commandant, 2nd Battalion TSR that the said transfer certificate was duly verified and on verification it was found that such certificate was never issued from Kamalghat High School. Vide memo dated 25.11.2006 disciplinary proceedings were then drawn up against the petitioner on the charge of submitting a forged certificate with regard to educational qualifications etc. for securing Government job and at the end of Proceedings, vide order dated 21.03.2007 the petitioner was dismissed from service. On the same day i.e. on 21.03.2007, Deputy Commandant of the 2nd Battalion, TSR, who held the inquiry in the Departmental Proceedings, lodged a written FIR with the Officer-in-charge, Bodhjungnagar P.S against the petitioner alleging that the petitioner procured the job as a rifleman in TSR by submitting a false certificate with regard to his educational qualification.
(3.) Based on this FIR, Bodhjungnagar P.S. Case No.07 of 2007 under Sections 471 and 417 of IPC was registered against the petitioner and investigation was taken up.;

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