M.K. CHANDRASEKHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in C.C. No. 36/1999 on the file of the Enquiry Commissioner and Special Judge, Thrissur is the appellant herein. The appellant along with two others were charge sheeted by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Kottayam unit in VC/8/91 of VACB, Kottayam under section 5(1)(c) and (d) read with section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as 'the P.C.Act' for short) and sections 409 and 120B of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that the first accused, the appellant herein, being the Superintendent of the Kerala State Warehousing Corporation, Kottayam and third accused, being the Class-IV employee of the said Corporation, entered into a criminal conspiracy along with the second accused, who was working as Assistant at the Kerala State Warehousing Corporation and dishonestly and fraudulently misappropriated wheat worth Rs. 33,538.75 and rice worth Rs. 46,754.20 between the period 23.3.1987 and 16.11.1987 and thereby all of them have committed the above said offences.

(3.) After the investigation, final reports were filed before the court below as 'A' and 'B' charge and on the basis of 'B' charge court below had taken cognizance of the case as C.C.No.36/1999 During the course of the investigation, the original second accused died and charge against him was abated and final reports were filed only against original accused 1 and 3, who includes the present appellant.