P.M. BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the 1st accused in C.C. No.239/1995 of the Judicial First Class Magistrate Court, Ettumanoor. The 4th accused in this case died pending the trial, and the charge against him abated. The accused Nos.1 to 3 faced prosecution in the court below on the allegation that for the purpose of availing a loan of Rs. 35,000/- from the Kumaranalloor Service Co-operative Bank, the accused Nos.1 to 3 forged the salary certificate of the accused Nos. 2 and 3, and the 1st accused produced it at the Bank. On verification, the forgery committed by them was detected. Though the loan was sanctioned, the amount was not disbursed. The police registered the crime on the complaint made by the Secretary of the Cooperative Bank, and after investigation, submitted final report in court against the four accused under Sections 420, 464, 465, 468 and 472 read with Section 34 IPC. The allegation as against the 4th accused is that the false seal of the employer of the accused Nos.2 and 3 was procured by him to help the other accused. The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against them.

(2.) The prosecution examined ten witnesses and proved Exts.P1 to P24 documents in the trial court. The accused did not adduce any evidence in defence. On an appreciation of the evidence, the trial court found the accused Nos.1 to 3 guilty under Sections 465, 468 and also 420 read with Section 511 IPC. On conviction, they were sentenced to undergo simple imprisonment for three months each, and to pay a fine of Rs. 500/- each under Section 468 IPC, and to undergo another period of simple imprisonment for three months each, and to pay a fine of Rs. 500/- each under Section 420 read with Section 511 IPC. No separate sentence was imposed under Section 465 IPC. The accused were found not guilty under Sections 472 and 420 IPC.

(3.) Aggrieved by the judgment of conviction dated 22.8.2001, the three accused approached the Court of Session, Kottayam. The 1st accused filed Crl.A. No.426/2001, and the accused Nos.2 and 3 filed Crl.A. No.430/2001. In appeal, the learned Additional Sessions Judge (Adhoc)-I, Kottayam confirmed the conviction and sentence under Section 420 read with Section 511 IPC, but set aside the conviction and sentence under Sections 464, 465 and 468 IPC. Now, the 1st accused is before this Court in revision, challenging the legality and propriety of the conviction and sentence.