THOMAS CHANDY Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE are the appeals by accused 1 and 5, who stand convicted for the offences punishable under Sections 120 (B), 466, 468, 471 and 420 IPC in Sessions case No. 76/92 on the file of the VI Addl. (Spl.) Sessions Judge, Thiruvananthapuram. They have been sentenced for 2 years each under the aforesaid count except under Section 120 (B) and ordered to run substantive sentence concurrently. Though they were charged along with three more others, accused No. 2, the father of accused No. 1 was died even prior to the commencement of trial and accused 3 and 4 were acquitted. Accused No. 1, the appellant in Crl. A. No. 9/93 was a student at the material time and accused No. 5, the appellant in Crl. A. No. 22/93 was an officer working as Asst. Registrar in the University of Kerala.

(2.) THE prosecution case was that, all the accused along with CW1, an accused turned approver hatched a conspiracy in order to fabricate Ext. P73 mark list of Pre degree examination as if issued to accused No. 1 in order to have sufficient marks as necessary for admission to MBBS course in J. J. M Medical College, Devangara in Karnataka State and used it as a genuine one in order to obtain admission in the said Medical College. According to the prosecution, in the original marklist that had been issued to accused No. 1 on his passing Pre-degree examination he did not secure 50% marks in total for the three optional subjects namely, Physics, Chemistry and Biology. He secured only 55 marks out of 150 for Physics, 65 out of 150 for Chemistry and 95 out of 150 for Biology, thus forming a total of 215 marks out of 450 with a grand total of, including for languages, 459 marks out of 900. Ext. P73, the allegedly forged mark list which was made use of by accused No. 1 to get admission in the medical college reveals 76 marks out of 150 for Physics, thereby varying the subject total of optional subjects to 236 out of 450 and the grand total to 480 out of 900. This is the alleged forgery said to be committed by the accused.

(3.) THE evidences in this case consist of the oral testimony of PW1 to PW65 and documentary evidences Exts. P1 to P97. The court below appreciating the evidence on record including the statement given by CW1, the approver, came to the conclusion that the appellants were party to the conspiracy in order to fabricate Ext. P73 and they have hatched a conspiracy to make use such document as a genuine one to obtain admission for accused No. 1 in J. J. M, Medical College, Devangiri and accordingly they were convicted and sentenced as aforesaid.