SEERAVEETTIL MUHAMMED KUNHI Vs. STATE OF KERALA

JUDGEMENT

(1.) The first accused in C.C. No. 381/1993 on the file of the Judicial First Class Magistrate Court, Payyannur is the revision petitioner herein. The revision petitioner along with the second accused were charge sheeted by the Deputy Inspector, CB.CID, Kannur in Crime No. 266/CR/89 under sections 120(B), 465, 468, 471, 477(A) read with section 34 of the Indian Penal Code.

(2.) The case of the prosecution in nutshell was that during the period between 1.10.1986 to 30.10.1997, while the accused persons were working as clerk and Headmaster respectively of Government High School, Mattool, conspired together and with an intention to defraud and cheat the department officials and the Government to make unlawful gain, made false and forged pay bills by including the names of four temporary teachers to be left and a bogus person with name Gangadharan, who had never worked in the school for the month of June, 1987 and claimed and encashed an excess amount of Rs. 5,195/- and thereby made unlawful gain to themselves and loss to the Government and committed the offences punishable under sections 120(B), 465, 468, 471 and 477(A) read with section 34 of the Indian Penal Code.

(3.) After investigation, final report was filed and the case was taken on file as C.C. No. 38/1993 on the file of the Judicial First Class Magistrate Court, Payyannur. When the accused including the revision petitioner appeared before the court below, after hearing both sides, charge under sections 120(B), 465, 468, 471 and 477(A) read with section 34 of the Indian Penal Code was framed and the same was read over and explained to them and they pleaded not guilty.