K.C.ARISH Vs. C.B.I./SPE

JUDGEMENT

(1.) These appeals are preferred by accused Nos.2, 3, 11, 12, 14 and 15 and 2 in a crime chargesheeted by the Inspector of Police, CBI, Kochi against 19 accused for offences punishable under sections 120B , r/w 380, 420, 411, 467, 471 and 472 IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act 1988.

(2.) The crux of the prosecution allegation was that, first accused was working as a peon in the Canara Bank, Uphill Branch, Manjeri. In furtherance of a conspiracy entered into by him with the second accused, second accused committed theft of demand drafts marked as Exts.P3 and P5 series from the strong room of the bank in between December 1995 and 1996. He entrusted the demand drafts to the second accused, who in turn entrusted to the other accused. It was alleged that, they made false entries on the demand drafts, forged the signatures of the bank officials, affixed the forged seal of the bank on various demand drafts and encashed it through different accused. It was alleged that the first accused had handed over the demand drafts to the second accused at Thriveni Hotel, Parappanangadi for the fraudulent encashment of the demand drafts at Bombay and Tamil Nadu. As a part of it, first accused accepted a sum of Rs.500/- from the second accused at his house and on a further promise by the second accused to pay the remaining share to the first accused after successful forgery and encashment of the said demand drafts. Second accused handed over some of the demand drafts to the remaining co-accused, A3, A10, A16 and A17 committed forgery at Alankar lodge in Paramagudi and got it encashed. Some of the demand drafts handed over to accused Nos.13 and 16 were forged at Bombay and accused Nos.5, 6, 7, 9, 14, 15, 18 and 19 forged them at "Top in Town" Guest House at Bombay. Two demand drafts entrusted by 10 th accused were forged with the assistance of A12 and A14 and were encashed. The further allegation was that, some of the accused were common friends and they, in pursuance of the conspiracy forged the rubber stamps in the name of R.Janardhanan and Omana Mathew, who were the officials of Canara Bank. Several DD's were thus got encashed.

(3.) Apart from the general allegations of conspiracy and forgery, specific overt acts were attributed to each of the appellant/accused. M.O. (1)(d) rubber stamp made in the name of R.Janardhanan was seized from the residence of third accused by Ext.P16 search list. It was further alleged that the third accused and the 7 th accused with the assistance of the 10th accused and 16th accused affixed forged rubber stamps purported to be that of the officials of the bank at Alankar lodge at Coimbatore. Accused No.17 fraudulently signed on the demand drafts and affixed forged seal impression of Omana Mathew. It is further stated that, some of the accused entered into a conspiracy at Blue Star Hotel, Vatakara on 13.08.1996 and in furtherance of that conspiracy, they forged two demand drafts for Rs.1,17,500/- and Rs.1,00,000/- to be handed over to the officials of a co-operative society at Paramagudi. Further allegation was that, 10th accused in pursuance of the above conspiracy, handed over the forged demand drafts to 12 th accused, who also joined the conspiracy. The above demand drafts were utilized by A12 for purchase of textiles from that society. The officials of the society encashed the above demand drafts without knowing that they were forged demand drafts. Further allegation was that, 16th accused had taken some of the demand drafts to Bombay in February 1996 and pursuant to the conspiracy entered into, some of the co-accused along with A14 and A15 manipulated it in Top in Town Guest House at Byculla and encashed several demand drafts through strangers or dealers.