K. P. BENNY ROHAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 to 5 in C.C.No.3 of 2001 on the files of the Special Court (SPE/CBI-II), Ernakulam are the respective appellants. They were convicted and sentenced for the offences punishable under Sec. 120B read with Ss. 409 and 411 of the Indian Penal Code, 1860 (IPC) and Sec. 13(1)(c) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act). They were sentenced for various terms of imprisonment and to pay fine for each of the said offences. Challenging the said judgment of conviction and sentence, these appeals under Sec. 374(2) of the Code of Criminal Procedure, 1973 (Code) are filed.

(2.) The case of the prosecution is the following: Accused No.1 was the Deputy Manager, Refinery Coordination, Indian Oil Corporation (IOC) at the South Tanker Jetty, Foreshore Road, Ernakulam. Accused Nos.2 and 5 owned a barge named "Dolphin". Accused Nos.3 and 4, based on a partnership arrangement, were running a petrol pump near Thoppumpady Fishing Harbour under the name and style M/s Bava Enterprises. High Speed Diesel (HSD) was brought to the South Tanker Jetty on three occasions during April and May against the invoice of the Hindustan Petroleum Corporation Ltd. (HPCL) and the IOC in oil tankers, namely, M.T.Prathibha Krishna, Sampurna Swarajya and Suvarna Swarajya. During the night intervening 22nd and 23rd of April, 2000, accused No.1 was on duty of Refinery Coordinator at South Tanker Berth and while discharging HSD from M.T.Prathibha Krishna, he in furtherance of a criminal conspiracy hatched with the other accused, pilfered and loaded 30,000 litres of HSD to Dolphin Barge, which was eventually delivered to M/s.Bava Enterprises with the dishonest intention of its misappropriation. Similarly, during the night intervening 15th and 16th of May, 2000, pilfered 30,000 litres of HSD while pumping HSD from the vessel Sampurna Swarajya and delivered to M/s.Bava Enterprises. Again, during the night intervening 28th and 29th of May, 2000, pilfered 41,000 litres of HSD, while pumping out HSD from oil tanker Suvarna Swarajya, to Dolphin barge and delivered the same to M/s.Bava Enterprises. Thus, 1,01,000 litres of HSD belonging to HPCL and other oil companies was stolen and misappropriated by the said accused.

(3.) Accused No.1 allegedly had the deal for illegal sale of HSD to M/s.Bava Enterprises through accused Nos.6 to 8, who were local scrap dealers. The said accused turned approvers.