Baharul Islam Barbhuiya vs The State Of Assam
2021 Latest Caselaw 2967 Gua

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GAHC010182292012




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : Crl.Rev.P./181/2012

            BAHARUL ISLAM BARBHUIYA
            SON OF ABDUL MATIN BARBHUIYA VILL- KOCHUDARAM P.O.
            KOCHUDARAM P.S. SONAI DIST. CACHAR, ASSAM.



            VERSUS

            THE STATE OF ASSAM




Advocate for the Petitioner   : MD.M H CHOUDHURY

Advocate for the Respondent :

-B E F O R E-

HON'BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA

18.11.2021

Heard Mr. M.H. Choudhury, learned counsel for the revision petitioner. Also heard Mr. S. Jahan, learned Additional Public Prosecutor, Assam for the respondent.

This is a criminal revision filed by the revisionist who has been convicted by Page No.# 2/4

the Trial Court under Section 420/471 IPC and has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- u/s 420 IPC and further to undergo rigorous imprisonment for six months u/s 471 IPC.

The Joint Director of Health Services, Hailakandi had lodged an FIR before the Officer-in-Charge of Hailakandi Police Station on 15.03.1998 alleging that he had received a confidential letter from the Director of Health Services, Assam dated 07.03.1998 to the effect that the accused persons i.e., present revisionist is serving as a Pharmacist in his establishment on the basis of forged documents. It was further alleged that the accused had forged the appointment letter in the name of the Director of Health Services, Assam showing posting at Nagaon Civil Hospital and, thereafter, forged another transfer letter for transfer from Nagaon Civil Hospital to Hailakandi Civil Hospital. On the basis of such forged documents he was serving in a Government establishment and was drawing salary from the exchequer. Police after investigation, filed a chargesheet u/s 471/420 IPC.

The prosecution in order to establish its case examined four prosecution witnesses apart from other relevant documents. During trial the prosecution was able to prove its case beyond reasonable doubt that the documents are indeed forged and that the revisionist procured his appointment on the basis of forged and fabricated appointment letter.

P.W.1- Basudev Thapa, who was a U.D. Assistant in the office of the Director of Health Services, Assam, Guwahati had stated in his examination-in- chief that he was working in that establishment and dealing with transfer and posting of Pharmacists from one district to another. He had categorically stated that the Joint Director of Health Services, Hailakandi had written to the Director of Health Services, Assam for ascertaining whether any Pharmacist named Page No.# 3/4

Baharul Islam Barbhuiya was transferred from Nagaon to Hailakandi in the year 1996 and after thorough enquiry it was ascertained that no such person named Baharul Islam Barbhuiya was appointed as Pharmacist, nor was he transferred to Hailakandi. This witness further stated in his evidence that the Director of Health Services, Assam wrote a confidential letter addressed to the Joint Director, Hailakandi to take up the matter with the police for necessary action. This witness was cross-examined, but nothing has come out to doubt his credibility.

P.W.2- Dr. M. Ali, who was posted at Hailakandi as Joint Director of Health Services at the relevant time and who was the informant of the case, stated in his evidence that he had the information that the revisionist was serving in his office on the basis of forged and fabricated document and after investigation it was found that this was indeed so and consequently a criminal case was lodged against the revisionist.

P.W.3- Babul Roy was an employee in the office of the Joint Director of Health Services, Hailakandi. He is a signatory to the seizure list. In his cross- examination, this witness categorically stated that in course of investigation police had seized some documents including blank pad of the then Health Minister.

P.W.4- Shyamal Kanti Bhattacharjee was the Investigating Officer of the case. In his examination-in-chief this witness had stated that in course of the investigation, he searched the house of the accused (revisionist) and seized some documents. He further stated that he arrested the accused and also seized some documents from the office of the Joint Director of Health Services, Hailakandi. In cross-examination, this witness categorically stated that in course of the search made by the investigating team in the residence of the revisionist Page No.# 4/4

many blank pads of the then Health Minister and other such dignitaries were found.

All the above prosecution witnesses were cross-examined by the defence, but nothing has come out which may cast doubt on their testimony.

The case of the prosecution was that they have absolutely no record in their establishment anywhere where appointment order was made or a transfer was made in favour of the revisionist. In fact, the revisionist has never served at Nagaon where he was initially appointed. It is also an undisputed fact that the revisionist was never appointed in a due selection process but secured appointment on the basis of a document which he calls to be genuine but which has been proved in a Court of law as forged and fabricated.

The matter was taken in appeal and the appellate Court after examining the entire evidence afresh came to the same conclusion and refused to interfere with the judgment of the Trial Court.

The revisional court has limited powers for interference. Since there is absolutely no anomaly either in the substantive or the procedural law made by the both the Courts below, there is no scope for interference.

The revision is dismissed.

CHIEF JUSTICE

Comparing Assistant