KHAN SINGH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two revision petitions are preferred against the concurrent findings recorded by the courts below holding the petitioners herein guilty of the offences punishable under sections 406, 468, 420 r/w. section 34 of Indian Penal Code. The accused No.1 is the revision petitioner in Crl.R.P.No.43/2010 and accused No.3 is the revision petitioner in Crl.R.P.No.3/2010.

(2.) The brief facts necessary for disposal of these revision petitions are that the petitioners herein along with absconding accused No.2 faced trial before the I Addl. Judicial Magistrate, H.D.Kote on the accusation that during the year 1997-98, Government had floated a scheme by name "Nerula Bhagya" for construction of houses to the homeless. In this connection, accused No.3 (petitioner in Crl.RP.No.3/2010) obtained a tender for supply of building materials. But without supplying the building materials, in collusion with the other accused, the third accused received a cheque for a sum of Rs.4,28,490/- and thus the accused committed the offences punishable under sections 406, 409, 468, 420 r/w. section 34 of Indian Penal Code.

(3.) Before the Trial Court, 31 witnesses were examined including the purported beneficiaries of the aforesaid scheme and relevant documents were marked at Ex.P1 to P.38 and the material objects as per M.Os.1 to 8. On consideration of these materials, the Trial Court recorded a positive finding that without supply of materials, accused No.1 with dishonest intention, made an entry in the measurement book certifying that the building materials have been supplied by accused No.3 and pursuant thereto, he prepared the invoice Ex.P17 purporting to have been prepared on 26.2.1998 and based on these documents, accused No.2 without obtaining the order of the Committee as required under the Rules, sanctioned the amount and on 23.2.1992, a cheque was delivered to accused No.3 and the same was encashed on the same day. The Trial Court has also recorded a finding that at the relevant time, accused No.1 was under suspension, but he has dishonestly ante-dated Ex.P20 and Ex.P17. Considering the documentary and oral evidence, Trial Court has also found both the accused guilty of the offence under section 420 of Indian Penal Code.