K VARADARAJA PAI Vs. STATE BY CBI

JUDGEMENT

(1.) These appeals are heard and disposed of by this common judgment as they are appeals filed by two of the accused persons convicted in the same case. The appellant, in the first of these appeals, was Accused no. 1 before the trial court (Hereinafter referred to as 'A-1' for brevity) and the appellant, in the second of these appeals, was Accused no. 3 (Hereinafter referred to as 'A-3', for brevity). The facts leading up to these appeals are as follows:

(2.) During the pendency of this appeal, A-1 died. His widow, as his legal representative-has been granted leave by this court to prosecute the appeal.

(3.) It is contended on behalf of A-1 that the trial court has erroneously concluded that this appellant was a conspirator along with the other accused. Whereas the material on record, and as borne out by the evidence of witnesses, it was very likely that the appellant was not aware of the alleged forgery or the use of such forged receipts and other relevant documents as genuine. It is contended that he would have no reason to doubt the genuineness or otherwise of those documents. There is no material whatsoever placed on record to demonstrate that the appellant was involved in the creation of false documents or had allowed fictitious persons to be projected in completing the transactions.