R.K.BAG,J. - (1.) The petitioner has preferred this revision under Section 401 read with Section 482 of the Code of Criminal Procedure challenging the judgment and order dated March 31, 2008 passed by learned Additional Sessions Judge, 1st Court, Tamluk in Criminal Appeal No. 9 of 2005 by affirming judgment and order of conviction and sentence dated January 31, 2005 passed by learned Sub -Divisional Judicial Magistrate, Tamluk in G.R. No. 71 of 1985 corresponding T.R. No. 77 of 1993, by which the appellant was convicted for the offence punishable under Sections 420/467/471 of the Indian Penal Code and sentenced to suffer imprisonment for various terms and to pay fine - with direction that all the sentences will run concurrently.
(2.) The backdrop of the present revisional application is as follows: One Pranab Kumar Ghosal, Vice President of the Managing Committee of Ichhapur Panchagrami Junior High School filed a written complaint before the Officer -in -Charge of Mahisadal Police Station on January 20, 1985 on the basis of which Mahisadal Police Station case No. 5 dated January 20, 1985 was registered. It is alleged in the said complaint that the appellant was an Assistant Teacher of Ichhapur Panchagrami Junior High School. He submitted marksheet to the school authority to the effect that he passed B.Ed. Examination in 1979 and claimed increment and allowances accordingly. The marksheet of B.Ed. Examination produced by the appellant was suspected by the school authority who had ascertained from the Controller of Examination of Calcutta University about the result of B.Ed. Examination of the Appellant. On November 16, 1983 the Controller of Examination, University of Calcutta had communicated to the Headmaster of the school that the appellant failed in B.Ed. Examination of the year 1979. Subsequently on August 17, 1984 the Secretary of the Managing Committee of Ichhapur Panchgrami Junior High School received one letter from Professor -in -charge of Tamralipta Mahavidyalaya which disclosed that the appellant failed in B.Ed. Examination for the year 1979. The school authority also collected duplicate marksheet of the appellant from the University of Calcutta, which disclosed that the appellant failed in B.Ed. Examination for the year 1997. The police investigated the criminal case and submitted charge sheet against the appellant for the offence punishable under Sections 471/403/420/467 of the Indian Penal Code.
(3.) On conclusion of trial the learned Magistrate convicted the appellant for the offence punishable under Section 467/471 of the Indian Penal Code and sentenced him to imprisonment for various terms and to pay fine - with direction that all the sentences will run concurrently. The said judgment and order of conviction and sentence passed by leaned Magistrate was challenged before the Court of Sessions by preferring Criminal Appeal No. 9 of 2005. On March 31, 2008 learned Additional Sessions Judge, 1st Court, Tamluk disposed of the said criminal appeal by affirming the order of conviction of the appellant under Section 420 of the Indian Penal Code and by setting aside the order of conviction of the appellant under Section 467/471 of the Indian Penal Code. The said judgment and order dated March 31, 2008 passed by learned Additional Sessions Judge, 1st Court, Tamluk in Criminal Appeal No. 9 of 2005 is under challenge in this revision.;