A. T. M. TOBARAKULLAH BHUIYAN vs The STATE — 1971 SCMR 4

Citation: 1971 SCMR 4

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: A. T. M. TOBARAKULLAH BHUIYAN vs The STATE

Headnotes

Case cited as 1971 SCMR 4

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: A. T. M. TOBARAKULLAH BHUIYAN vs The STATE Case No.:Petition for Special Leave to Appeal No. 110-D of 1969 Appeals Nos. 431 and JUDGMENT Reported As: 1971 SCMR 4 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner was tried along with one, Nazimuddin. He was charged under sections 409 and. 471 of the Penal Code, but Nazimuddin was charged under sections 467 and 409/109 of the said Code. The case against the petitioner was that he as Superintendent of Babur Hat State Orphanage had been entrusted with a sum of Rs. 8,500 by the Sub-Divisional Officer, Chandpur, to purchase some blankets for the use of the orphans resident in the orphan--age. He purchased 245 blankets for the sum of Rs. 4,338.95 at the rate of Rs. 17.71 each under cash memo. No. 22, dated the 26th January 1963, from the co-accused, Nazimuddin, a salesman of the Show Room of the Dacca Central Jail, but in collusion with the latter fabricated a false cash memo. Bearing No. 38 to show a sale of 264 B. T. Blankets for a sum of Rs. 6,468 at the rate of Rs. 24.50 each. In this way, it is alleged, he misappropriated a sum of Rs. 2129.05, by submitting a bail dated the 29th January 1963, to the Sub- Divisional Officer, Chandpur, for the sum of Rs. 6,468 along with the said fabricated cash memo. The case against Nazimuddin was that he forged the cash memo. No. 38, dated the 26th January 1963, which…

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