D.RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in C.C.Nos.15 of 1999, 12 of 1999, 13 of 1999, 14 of 1999, 16 of 1999, 17 of 1999 and 18 of 1999 respectively of the court of Enquity Commissioner and Special Judge, Thiruvananthapuram for offences punishable under Sec. 5(1)(c) and 5(1)(d) r/w 5(2) of the PC Act 1947 and sec. 477A and sec. 409 r/w 34 IPC, who is aggrieved by the conviction and sentence, has preferred these appeals.

(2.) The appellant was working in the Primary Health Centre, Kannyakulangara during the period 1980 to 17/7/1988 and the second accused was working in the PHC, Kannyakulangara from 16/4/1986 to 31/5/1988. The appellant was engaged as a UD Clerk and the second accused was the Medical Officer of the above PHC. The crux of the prosecution allegation in all the above cases was that, during the period from 12/5/1986 to 26/3/1988, the accused, being public servants, with the common intention of obtaining undue pecuniary advantage to themselves, encashed various amounts on 21 occasions for conducting 21 family welfare camps conducted on various dates, and by presenting 21 contingent bills at the sub Treasury, Nedumangad and without accounting the encashment details in the cash book thus, jointly misappropriated amounts by falsifying the records of the Primary Health Centre. In all the above criminal cases, specified amounts were allegedly misappropriated by both the accused together. On the basis of the crime registered, separate investigations were conducted and final reports were laid in all the seven cases. C.C.No.16 of 1999 was tried independently and by judgment dtd. 5/5/2001, both the accused were found guilty, convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine. Thereafter, on request of the parties, all the remaining cases were tried jointly treating C.C.No.12 of 1999 as the lead case. By a common judgment, both the accused were found guilty, convicted and sentenced to undergo imprisonment for definite periods and also to pay fine for each of the offences found against them.

(3.) On the side of the prosecution, they examined PWs.1 to 11 and marked Exts.P1 to P32. On the side of the accused, DW1 to DW2 were examined and Exts.D1 to D20 were marked in C.C.No.12 of 1999. In C.C.No.16 of 1999, prosecution had examined PWs.1 to 11 and marked Exts.P1 to P21(a). On the side of the accused, DWs.1 and DW2 were examined Exts.D1 to D16 were marked.