KANNANTHARA ELIYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the accused Nos.1 and 2 in C.C 131/1999 of the Judicial First Class Magistrrate Court, Mananthavady. They and two others including the husband of the 1st accused faced prosecution in the court below under Sections 419, 468 and 420 I.P.C on the allegation that, they as part of a common design, availed a loan of 4000/- in the name of ? one Leelamma from the Mananthavady Farmers Co-operative Bank by submittiing application forms forged in the name of the said Leelamma and also by depositing the title deed of the said Leelamma. The loan was availed in December, 1983. The prosecution would allege that the 1st accused Aliayamma impersonated Leelamma and she along with the others approached the Bank authorities, submitted application in the name of Leelamma and accordingly the 1st accused availed the loan amount. The loan was sanctioned by the then Managing Director of the Bank. Later the Bank got some information regarding the dispute that arose between the accused in dividing the loan amount, and on enquiry, the bank could gather that the loan was dishonestly availed by the 1st accused in the name of Leelamma by impersonating her in the Bank with the support and involvement of the accused Nos.2 to 4. Accordingly a complaint was made before the Police by the Managing Director. On the said complaint, the Police registered the crime, and after investigation submitted final report in court.

(2.) All the accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them under Sections 468, 419 and 420 IPC. The prosecution examined 14 witnesses, and proved Exts.P1 to P15 documents in the trial court. The accused denied the incriminating circumstances, when examined under Section 313 Cr.P.C., 1973 The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the 4th accused not guilty of any of the offences, and accordingly, he was acquitted. The accused Nos.1 to 3 were convicted under Sections 468, 419 and 420 IPC. On a consideration of the bad health condition of the 3rd accused, he was released on probation by the trial court, though convicted. The accused Nos.1 and 2 were sentenced to undergo simple imprisonment for six months each under Sections 468 and 419 IPC. Though found guilty under Section 420 IPC also, no separate sentence was imposed under Section 420 IPC.

(3.) Aggrieved by the judgment of conviction dated 26.02.2000, the accused Nos.1 and 2 approached the Court of Session, Wayanad with Crl.Appeal Nos.17 of 2000 and 18 of 2000. In appeal, the learned Additional Sessions Judge(Adhoc), Kalpetta confirmed the conviction and sentence, and accordingly dismissed the two appeals.