K R PURUSHOTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal has been filed against the common judgment of the Kerala High Court where the appeal of appellant (A-2) against his conviction was dismissed. A-2 was the Asstt. Commissioner of Tripunithura group of the Cochin Devaswom Board and convicted by the common judgment passed by the Enquiry Commissioner and Special Judge, Thrissur appointed under the Prevention of Corruption Act, 1988 (hereinafter referred to as Act) along with A-3 (T.S. Rajan) who was the Devaswom Officer, Chottanikkara Devaswom. The trial court acquitted two other accused persons, A-1 (V. Unnikrishna Menon), who was Devaswom Commissioner, Cochin Devaswom Board and A-4 (V.G. Purushothaman Achari), the artisan/goldsmith/craftsman, who was appointed on 20-7-87 to make the Golaka. All these accused had been tried for offences punishable under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 477-A and 120-B of the Indian Penal Code, 1860 (hereinafter I.P.C.) on the allegation that they had misappropriated the gold utilized for making a Golaka for Mekkavu Bhagavathy of Chottanikkara Temple.

(2.) The appellant was convicted for R.I. for two years and a fine a Rs.10,000/- and R.I. for two years and a fine of Rs.5000/- and in default R.I. for three months under Sections 13(1) (c) and (d) of the Act respectively, along with Section 13(2) and R.I. for one year under Sections 403 IPC and 477-A I.P.C., each. No separate sentence was awarded under Section 120B of the IPC.

(3.) The prosecution case, in brief, is that Chottanikkara Bhagvathy Temple at Chottanikkara is administered by Cochin Davaswom Board. Ornament "Golaka" was used in the temple on certain special ceremonial occasions and the other "Golaka" was used day-to-day. The Temple Board found that Golaka, which was being used throughout the year, was rendered unfit for adorning the deity and, therefore, a decision was taken by the Board on 13-4-82 to make a new Golaka and for the said purpose, sanction was accorded to use 3 Kg. and 499 Gm. of gold from the gold stock available with the Devaswom. The Devaswom had received back a large quantity of gold, which had been invested in gold bonds, from the Government and it was in their custody. Out of that, aforesaid quantity of gold was to be used for the purposes of making the ornament. It was subsequently found that 3.499 Kg. was not sufficient and, therefore, the Devaswom Board by its order dated 4-9-86 granted permission to utilize 1.5 Kg. of gold more from the Nadavaravu (offerings in the form of ornaments and gold coins by devotees), by converting them into bars and sheets. In pursuance of the order, additional quantity of 1 Kg. of gold consisting of 150 pieces of gold jewellery and coins, was entrusted to A-3, who died during the pendency of the proceedings. The Board had asked for the quotations to prepare the ornament and the work was ultimately entrusted to the 4th accused by the Devaswom Board on 20-7-87. As per the quotation the wastage in making the ornament was 10 Gm. of the gold for 1 Kg. By order dated 20-2-87 (Ex.2b) the work of making the Golaka was directed to be supervised by the Assistant Commissioner of the Tripunithura groups, K.S. Chakrapani Marar, J.S.,D.Cs Office., T.S. Rajan Devaswom Officer, and other officials. The gold weighing 4.499 Kg., taken from the gold bond, was taken to Madras for converting into the gold sheets. The purity was tested at Elite Jwellery, Thrissur, to be 99.5%. This gold was converted into gold sheets and they were cut, and a portion having weight 2.469 Kg. was entrusted to A-3. The balance of gold sheet, i.e., 1.030 Kg. along with 1 Kg. of gold from offerings (Nadavaravu) was converted into two gold bars. These two bars were late on converted into gold sheets. The gold sheets were used to make different portions of the body of Golaka. After cutting these sheets to the required size, the pieces left from the sheet, weighing 1.147 Kg., and the bits of gold weighing 13 Gm. were again melted to be converted into gold bars, weighing 1.149 Kg. This was done before the accused joined as Assistant Commissioner.