- (1.) 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 No. 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 25.05.81 which formed the basis for issuance of transfer letter vide office order No.BCCL-P.A.I/00/81/8431742 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 Section 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. 09/84 dated 09.05.84 was again drawn by Sri A.K. Asthana, C.B.I. Inspector, Dhanbad under Section 120B read with Section 420, 467, 468 and 471 of the I.P.C. against Sri Ramakkant Dubey, Haidar Ali, 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 forged appointment letters purported to have been issued under signature and S.K.Singh, the then General Manager of Area-II BCCL and joined their duty at Bhurungia Project on 18.11.81. It was further alleged that long before their joining on duties, accused Nos. 1 to 4 had submitted a representation i.e. on 15.06.81 for their transfer from Bhurungia Project to some other colliery of Area-IV and said representation was recommended by accused Nos.5 and 6 having full knowledge that in May 1981 the accused persons were not employee of the BCCL but the accused Nos.5 and 6 issued release order in favour of the accused Nos. 1 to 4.;