KAILAS IYER Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE appeals are filed by accused 2 to 4 in C.C. No. 47 of 1999 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. They along with other accused were tried for offences punishable under Sections 419, 468 and 471 read with Section 120B of the Indian Penal Code (in short, "IPC") and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947 (in short, "the Act"). The trial court found accused 1, 5 and 6 not guilty of the offences and they were acquitted. The 2nd accused was convicted for offences punishable under Sections 468 and 471 read with Section 120B IPC and Section 5(1)(d) read with Section 5(2) of the Act. The 3rd accused was convicted under Sections 468 and 471 read with Section 120B IPC. The 4th accused was convicted under Sections 419, 468 and 471 read with Section 120B IPC The trial court imposed imprisonment and fine on the appellants (accused) under various counts.

(2.) FACTS , in short, are as follows: The 1st accused was working as Upper Division Clerk and the 2nd accused as Fisheries Development Officer in the Office of the Deputy Director of Fisheries Department, Kollam during 1985 -86. Fisheries Department used to allot hull of fishing boats on hire purchase to members of Fisheries Co -operative Societies or a group formed by such members. In February, 1985, one person by name T. Abraham, as the leader of a group consisting of himself, G. Lawrence, Alex S. and Bonifies, had applied to the Director of Fisheries for allotment of a hull. That application was forwarded by the Director of Fisheries to the Deputy Director of Fisheries. On the basis of the report sent from the Office of the Deputy Director, the Director of Fisheries with the Government approval directed him to ask the parties to execute an agreement and also to remit 10% of the purchase price, viz., Rs. 3,750/ -. In purported compliance of that direction, an agreement was executed by four persons. When a notice was sent to T. Abraham, the group leader, it was returned with an endorsement "addressee not known". Prosecution alleged that the allottee, viz., T. Abraham was not available to receive the hull. 1st accused dishonestly concealed that fact and put up draft proceedings for allotment of hull to T. Abraham and obtained signature of the Deputy Director of Fisheries, Kollam in the proceedings. Thereafter, he prepared an agreement to be executed between the Deputy Director of Fisheries and the group leader T. Abraham along with other members in the group. That agreement was executed and signed on 13.06.1985 by accused 3 to 6 impersonating as the real beneficiaries, viz., T. Abraham, Bonifies, Alex S. and Lawrence. The 1st accused created a false agreement on 13.06.1986 for enabling the said persons to obtain the hull by illegal means. Still further, it is alleged that accused 1 and 2 and other accused persons had entered into a criminal conspiracy and it was in pursuance of that criminal conspiracy, such a false agreement was caused to be executed. The 2nd accused fraudulently and dishonestly attested the signature of T. Abraham, Bonifies, Alex S. and Lawrence knowing them to be false signatures and that they were actually put by Alex S. Thamarassery, Pappachan, Benny and Omanakuttan Pillai (accused 3 to 6) by impersonating the real beneficiaries. Therefore, the prosecution contended that the accused persons are liable to be punished for the aforementioned offences.

(3.) HEARD the learned counsel appearing for the appellants and the learned Public Prosecutor.