M. SAMBASIVA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present appeal challenges the Final Judgment and Order dtd. 21/8/2015/9/9/2015 passed in Criminal Appeal No.548/2006 (hereinafter referred to as the 'Impugned Judgment') by the then High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh (hereinafter referred to as the 'High Court'), whereby the appellant/accused no.1 and accused no.3 (Mr. M Venkata Siva Naga Prasad) were convicted, by reversing the finding of acquittal recorded in the Final Judgment and Order dtd. 7/6/2005 passed in C.C. No.17/2000 on the file of the Court of the learned Special Judge for CBI Cases, Visakhapatnam (hereinafter referred to as the 'Trial Court'), and sentenced to undergo rigorous imprisonment for a period of one year, alongwith imposition of fine(s). Accused no.2 (Mr. N Govindarao Naidu) passed away during the pendency of the appeal in the High Court on 15/12/2013.

(2.) The appellant/accused no.1 was posted as an Assistant Administrative Officer in United India Insurance Company (hereinafter referred to as the 'Insurance Company'), Branch Office-II, Guntur (hereinafter referred to as the 'branch'), in the year 1999. His duty was, inter alia, to assist the Branch Manager in processing of claims submitted in the branch. Accused no.2 was posted as the Regional Manager, Visakhapatnam Region from June-October, 1999 and it was his duty to process claims submitted through the branches and forward it to higher authorities for approval. The branch supra of the Insurance Company fell under his jurisdiction. Accused no.3 is the appellant's younger brother and is engaged in agriculture and business.

(3.) Mr. L Laxman Reddy had taken a Janata Personal Accident policy (hereinafter referred to as the 'policy') from the branch on 21/11/1997 for a sum of Rs.8,00,000.00 (Rupees Eight Lakhs). After the accidental death of the insured on 28/3/1999, his wife and nominee for the policy, Mrs. Srilakshmi (PW2), submitted claim dtd. 5/6/1999 for the insured sum in the branch. This claim was submitted through Mr. L Srinivasa Rao, the surveyor appointed by the branch as instructed by the appellant. The complainant/Mr. T Kotireddy (PW1) is the maternal uncle of Mrs. Srilakshmi and was authorized to pursue the settlement of the claim.