GOVINDAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, one P. V. Govindan Nair alias P. V. G. Nair, was tried in Sessions Case No. 37 of 1965 in the Court of the Assistant sessions Judge, Tellicherry, for the offences under S. 406, 420 and 457 of the indian Penal Code. THE learned Assistant Sessions Judge found that the petitioner was guilty of the offences under S. 406 and 467 IPC. and acquitted the petitioner of the offence under S. 420 of the I. P. C, giving him the benefit of doubt. THE petitioner was sentenced to undergo Rigorous Imprisonment for three years for each offence; and the sentences were directed to run concurrently. THE petitioner filed an appeal before the Sessions Judge of tellicherry as Criminal Appeal No. 69 of 1965. THE learned Sessions judge, while accepting the findings arrived at by the trial court, held that the petitioner was guilty of the offence under S. 420 IPC. and not under S. 406 I. P. C. Accordingly, he altered the finding of the trial court and maintained the sentence under S. 433 (1) (b) of the Code of Criminal Procedure, as regards the charges against the petitioner under S. 406 and 420 I. P. C. THE conviction of the petitioner under S. 457 I. P. C. was upheld. Accordingly, the appeal was dismissed. THE petitioner has, therefore, come before this court in revision.

(2.) THE nature of the case demands that the facts should be set out at some length. THEre is an organisation called the Co-operative for american Relief Everywhere, shortly known as ' CARE', working in India with its headquarters in Delhi and branches in various States. THE object of this organisation is to distribute gift articles furnished by the american people to the needy and poor in India. THE distribution is being done in collaboration with the Regional Directors of Food Supplies in the various States. THE CARE has a branch office in Madras, of which one R. Sreenivasan, who is pw. 2 in this case, was the Manager at all relevant times. He was formerly a stenographer in the General Hospital , Madras. THE petitioner was then a representative of the Life Insurance Corporation of India in Madras. He happened to be treated in the Madras General Hospital, while pw. 2 was working as a stenographer there. During that time, the petitioner and pw. 2 became acquainted. In August 1960, the petitioner visited the office of the CARE in Madras and represented to pw. 2 that he had taken up charge as Honorary Secretary of the Kerala Sarvodaya Samithi in Thiruvangad, Tellicherry, (hereinafter referred to as the Samithi), which was said to be an organisation founded for doing social service. He made a request to pw. 2 for arranging the supply of the gift articles from the CARE to the Samithi, for distribution amongst the poor people of the area, which was being served by the Samithi. THE CARE distributes these articles usually through such social organisations; and before it entrusts the articles for distribution, it takes an assurance from the person to whom the articles are to be entrusted for distribution. This is taken in a set form. Ex. P-2 dated 16-8-1960 is the form said to have furnished by the petitioner as honorary Secretary of the Samithi, undertaking to distribute the articles to be entrusted to him on behalf of the Samithi as per the assurances contained therein. pw. 2, on receipt of this form, wrote to his central office in Delhi, recommending the supply of the articles to the Samithi for distribution. Ex. P-3, dated 8-11-1960, is the letter written by pw. 2 in this respect. On the basis of this recommendation, the CARE in Delhi included the name of the samithi amongst its list of distributors.

(3.) IN the meanwhile Shri. K. Kelappan, Chairman, Kerala sarvodaya Mandal got information that CARE articles were being received in the name of a bogus Samithi, and were being sold in the black market. He wrote a letter Ex. P-1 dated 15-5-1961, to the Director of CARE in INdia, New Delhi, stating all the information that he had got in this respect. pw. 1 also sent a copy of this letter to the Superintendent of Police, Crime Branch, Trivandrum. The Director of CARE at New Delhi took up the matter with the Crime Branch. Accordingly, the police took up the case, and started investigation. A number of witnesses were interviewed, and a number of searches were conducted, and a volume of materials and documents were also seized by the police. Among the articles thus seized, are a series of empty milk powder cartons, and an unopened full carton of milk powder, both recovered from the possession of pw. 21. The investigation also established that these cartons related to the consignment of 200 cartons of milk powder despatched from Madras to Tellicherry as per Ex. P-44, and taken delivery of by the petitioner. After the completion of the investigation, the police filed final report against the petitioner charging him with the offences under S. 406, 420 and 467 IPC. ; and he was committed to the Assistant Sessions Court, Tellicherry, for being tried for the said offences. A large number of witnesses were examined, and a large volume of documents were let in evidence in the trial court. The evidence in the case has been fully discussed by both the courts below; and it is unnecessary for me to refer to them in any great detail.