K.A SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant herein was the President of the Kodikulam Grama Panchayat in Idukki District during 1989 -1990. The said Panchayat had undertaken so many works under the Jawahar Rosgar Yojana (JRY) Scheme during that financial year. Most of the works were carried out under the "Food for Wages Scheme" by the Panchayat. Under the said scheme, a quantity of 26 Metric Tonne of rice worth Rs. 64,233/ - was allotted to the Kodikulam Panchayat. The said quantity of rice was taken delivery of by the appellant from the godown of the Food Corporation of India. On the allegation that the appellant sold away the quantity of rice in open market and appropriated the sale price without supplying the rice to the beneficiaries under the scheme, and thus converted the huge quantity of rice for his own purposes, the appellant faced prosecution in two cases before the Enquiry Commissioner and Special Judge (Vigilance), Thrissur. The Vigilance and Anti Corruption Bureau (VACB) registered a crime against the appellant on 16.1.1995, and after investigation the VACB submitted two final reports splitting the different instances of misappropriation into two heads. On the final report as regards conversion of the huge quantity of rice for his own purposes amounting to misappropriation, the learned trial Judge took cognizance as C.C. 5/99, and on the second final report regarding misappropriation of some amount, the learned trial Judge took cognizance as C.C. No. 6/99.

(2.) THE appellant entered appearance before the trial court in the two cases and claimed to be tried by pleading not guilty to the charge framed against him under Sections 409, 468, 471 and 477A I.P.C. and also under Sections 13(1)(c) & (d) read with 13(2) of the Prevention of Corruption Act, (for short "P.C. Act").

(3.) AGGRIEVED by the judgment of conviction in the two cases, the accused brought two Criminal Appeals before this Court. This appeal is brought against the judgment of conviction in 5/99. Crl.A. No. 225 of 2000, brought by him against the judgment of conviction in C.C. 6/1999 was allowed by this Court on 16.8.2012 and the conviction and sentence therein were set aside by this Court. Now this appeal against the judgment of conviction in C.C. 5/99 remains to be decided.