GUWAHATI, India, Oct. 27 -- Gauhati High Court issued the following order on Sept. 26:

1. Heard Mr. D. Talukdar, the learned counsel appearing for the petitioner. Also heard Mrs. M. Kumari, the learned Standing Counsel, Central Bureau of Investigation (CBI).

2. This is an application under Section 397 read with Section 401 of the Criminal Procedure Code (CrPC) challenging the judgment and order dated 18.01.2008 passed by the learned Special Judicial Magistrate 1st Class, Assam, Guwahati in Special Case No.151C /03 affirmed by the learned Addl. Sessions Judge (FTC No.1), Kamrup at Guwahati in Criminal Appeal No.11/2008.

3. The allegation brought against the petitioner is that during the period 1993-94 at Barpeta Road under Barpeta Police Station, he had entered into a criminal conspiracy with Shri Tapan Kanti Das, the Manager Incharge of Oriental Insurance Company Limited. The present petitioner had allegedly filed some false and forged medical bills before the Insurance Company and managed to squeeze out an amount of Rs.14,000/-.

4. The charge sheet was filed against both the petitioner and Tapan Kanti Das. But subsequently Tapan Kanti Das was discharged by the court. The trial proceeded against the present petitioner for committing offences under Sections 420/468 and 471 of the Indian Penal Code.

5. The prosecution side examined as many as 12 witnesses in order to prove the offences against the present petitioner. At the end of the trial, the petitioner was convicted under Sections 420/468 and 471 of the Indian Penal Code. For each of the offences, the petitioner was sentenced to undergo simple imprisonment of 6(six) months and to pay fine of Rs.2,000/- with default stipulations.

6. The petitioner preferred an appeal before the Court of Sessions. The learned Addl. Sessions Judge upheld the said judgment.

7. I have gone through both the judgments.

8. The first prosecution witness Dibakar Sarma, of Oriental Insurance Company Limited, explained as to how a Medi-claim Policy can be successfully encashed. Ext.1 is the Medi-claim Policy of the present petitioner. According to Mr. Sarma, the then Manager Tapan Kanti Das had cleared the claim form of the petitioner. The witness Dr. S. Bora who was working for Oriental Insurance Company Limited has stated in his evidence that he had studied the documents submitted by the petitioner.

9. The witness Badal Kr. Sutradhar of Oriental Insurance Company Limited has stated in his evidence that the petitioner was paying the annual premium of Rs.855/- for the Medi-claim policy.

10. The witness Dinesh Ch. Baruah of Bank of India, Fancy Bazar Branch has stated in his evidence that the cheque of Rs.14,000/- was deposited in the said Bank where the petitioner had maintained his account.

11. The witness Badal Kanti Dutta was an employee of Nightangle Hospital Pvt. Ltd., Dispur, Ganeshguri. He had brought the Admission Register of the Hospital for the period of 1st April, 1993 to 31st March, 1994. He has stated that during this period, no patient by the name of Kailash Ch. Jain was admitted in the Hospital.

12. The evidence of these witnesses clearly show that the petitioner Kailash Ch. Jain was not admitted at Nightangle Hospital. But the documents which he had relied upon show that he was under the treatment of Dr. N.K. Agarwal who was the proprietor of Nightangle Hospital.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BE8zSwuO0mpWfzueT8BGjGgO0jCSE7m9QwHLZZu8B4YP&caseno=Crl.Rev.P./95/2012&cCode=1&cino=GAHC010205292012&state_code=6&appFlag=)

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