R MADHAVAN Vs. STATE

JUDGEMENT

(1.) 'The appellant, a Panchayat Inspector, is the accused in C. C. No. 3 of 1972 of the Court of the Special Judge, Trichur. He has been convicted and sentenced to 15 days' rigorous imprisonment under S.477A, IPC. and further convicted and sentenced to one month's rigorous imprisonment under S.5(1)(c) read with S.5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) with the direction to run the sentences concurrently.

(2.) The first charge against the appellant related to his preparation and presentation of a false travelling allowance bill, Ext. P5, on 25-4-1962 to the Sub Treasury. Kasaragod, purporting it to be a genuine bill for Pw. 5, a peon of the Karadka Panchayat, for his having performed a journey from Karadka to Kasaragod on 30-3-1962 and halt at Kasaragod on 31-3-1962. On account of the onward journey Rs. 2.70 was claimed as Travelling Allowance and on account of the halt Rs. 3/- was claimed as Daily Allowance, under Ext. P5 for the month of March, 1962. The appellant was the Inspector of Panchayats, Kasaragod, when he was also in additional charge of Karadka Panchayat where Pw. 5 was employed as a peon. There was no dispute about the quantum of the amount claimed. The entry as on 30-3-1962 and 31-3-1962 for Rs. 2.70 and Rs. 3/- respectively was marked as Ext. P5(a) in Ext. P5.

(3.) The prosecution case is that Pw. 5 was on casual leave from 26-3-1962 to 31-3-1962 inclusive. Ext. P8 was the casual leave application of Pw. 5. The leave was granted by the appellant himself on 20-3-1962 on the strength of Ext. P8 leave application. Ext. P8(a) in Ext. P8 was the relevant order passed by the appellant granting leave to Pw. 5. If Pw. 5 was on leave upto 31-3-1962 inclusive there was no occasion for him to undertake a journey to Kasaragod on 30-3-1962. The appellant's case is that Pw. 5 cancelled his leave and that he joined duty on 30-3-1962 as the appellant wanted his special services at Kasaragod on those days. In this regard the appellant pressed into service Ext. P6 travelling allowance bill of Pw. 5 for the month of April 1962, where it was shown that Pw. 5 performed, his return journey from Kasaragod to Karadka on 1-4-1972 which was a Sunday and claimed thereunder Rs. 3/- travelling allowance. It may be noted in this regard that both Exts. P5 and P6 were in the handwriting of the appellant. He drew up the travelling allowance bills Exts. P5 and P6, he sanctioned the payment thereunder and finally withdrew the amount himself from the Treasury. It is argued that he was placed in such an enviable position because of the absence of Executive Officer at Karadka during the relevant period. Pw. 5 denied that be returned from leave on 30-3-1962, much less that he travelled to Kasaragod on 30-3-1962. He denied even having travelled from Kasaragod to Karadka on 1-4-1972 for which the travelling allowance had been drawn under Ext. P6 bill.