J MANIAN Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 23-6-2001 of the Enquiry Commissioner and Special Judge, Trivandrum in C.C. No. 19/98. The appellants were charged with the offences punishable under S.13 (2) read with S.13(1) (c) and 13 (1) (d) of the P. C. Act, 1988 and S.468, 471, 409 and 420 read with S.120B of the I.P.C. After the trial, the learned Special Judge, Trivandrum found the accused guilty of all the offence , except the offence under S.420 of the IPC and sentenced them to undergo rigorous imprisonment for three years each for each offences and a fine of Rs. 5,000/- each; in default to undergo rigorous imprisonment for one year each. The conviction and sentence passed against the accused are seriously challenged in these appeals.

(2.) All the five accused were employed in the Sub Treasury, Karthikapally. Al was working as a Peon, A2 was a Junior Accountant, A3 was a Senior Accountant, A4 was a Junior Superintendent and A5 was the Treasurer of the Sub Treasury during the relevant period.

(3.) The prosecution story runs in the following lines. P.W.1 Savithri Amma is a retired Government L.P. School Teacher. She was drawing her pension from the Karthikapally Sub Treasury. Prior to 1-9-1989 she was drawing her pension by direct payment but on 1-9-1989 she joined the Pension Treasury Savings Bank (PTSB) and thereafter she was drawing her pension through cheques. On 4-3-1992 she went to the Sub Treasury to withdraw the pension for the months of February and March, 1992 but she could not withdraw the amount for want of mustering. Since she had decided to leave for Meerut to stay with her daughter, she enquired with A2 whether she could get her pension by money order. A2 told her that she must file an application for changing the mode of payment from PTSB to money order scheme and she should also furnish the address to which the money order should be sent. Since the address at Meerut was not available with her, she handed over a signed blank paper to the 2nd accused. While she was in Meerut she entrusted a cheque for Rs. 5300/- to one Ramesan who came to his native place from Meerut. But when the cheque was presented for encashment, it was returned dishonoured. Subsequently RW. 1 came to understand that by presenting a bill directly on 25-3-1992 the pension amount due to her for the months of February and March, 1992 was withdrawn by somebody. According to the prosecution all the accused entered into a criminal conspiracy on or before 25-3-1992 to misappropriate the pension amount or RW. 1 and in pursuance of the conspiracy they forged a bill in the name of P.W.1 Savithri Amma and misappropriated a sum of Rs. 1754/- being the pension amount due to P.W.1 for the months of February and March, 1992.