STATE OF KERALA Vs. ABDUL AZEEZ

JUDGEMENT

(1.) The State, aggrieved by the acquittal of the first and the second accused in C.C.No.21/2000 of the Enquiry and Special Judge, Thiruvananthapuram for offences punishable under sections 13(2) read with section 13 (1) (d) of P.C.Act and Sections 409,477-A,465,471 and Section 120B IPC, has preferred this criminal appeal.

(2.) The first accused was the former executive officer of Muttar Panchayath. The second accused was the former President of the Muttar Panchayath. Muttar Panchayath had decided to effect improvement of Tharayasserrypady - Vadapparambu bridge. An estimate of Rs.30,158/- was approved and money was sanctioned by the Panchayath, by resolution, dated 30/12/10994, for the improvement of the above road. The prosecution alleged that, the accused entered into a criminal conspiracy to misappropriate the funds so allotted. In pursuance of that conspiracy, without effecting improvements, they made false entries in the measurement book, and records were prepared to make it appear that the works were done and accused misappropriated a sum of Rs.29,280/-.

(3.) Raising the above allegations, PW2, a person claimed to be the office bearer of the Poura Samithi submitted a complaint to VACB. A surprise check was conducted by the Inspector of VACB with the assistance of PW5, the Assistant Executive Engineer. Believing that the allegations were genuine, FIR was registered and investigation was conducted. After completion of the investigation, final report was laid. The accused faced trial before the court below. On the side of the prosecution, PW1 to PW15 were examined and Exts.P1 to P13 were marked. There was no defence evidence. But Ext.D1 the relevant portion of deposition of PW2 was marked. The court below, on appreciation of the entire evidence, held that the prosecution failed to establish the allegations raised against the accused and both the accused were acquitted. Aggrieved by the acquittal, State has preferred this appeal.