PARAMESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) CRIMINAL Appeal No. 84 of 1988 was filed by the first accused and the other three appeals by the second accused. They are the common accused in three cases tried by the Enquiry Commissioner and Special Judge, trichur. Cases are C. C. Nos. 6, 7 and 8 of 1986. The three cases were jointly tried. Evidence was recorded in C. C. No. 6 of 1986. All the three cases were disposed of by a common judgment. Offences involved are those under S. 409 and 477a of the Indian Penal Code and S. 5 (1) (c) of the Prevention of Corruption act. Both of them were convicted for all the offences. Altogether, each of them was sentenced on the aggregate to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 22,350/- with a default sentence of simple imprisonment for a further period of nine months and fifteen days.

(2.) THE offences relate to three periods ranging from 26-11-1981 to 9-6-1983. In C. C. No. 8 of 1986, the offence involved is only under S. 5 (1) (c) of the Prevention of Corruption Act. Amount involved is Rs. 534/ -. First accused was the Lay Secretary-cum-Treasurer and second accused was the Clerical Attender in the Government Hospital, Chavakkad. THE prosecution case in C. C. No. 8 of 1986 is that in furtherance of their common intention, they committed criminal misconduct by committing criminal breach of trust in relation to Rs. 534/-received as rent for the rooms in Kerala Hospital Research and Welfare Society (KHRWS) pay ward from 26-11-1981 to 11-1-1982. THE cash receipts are Ext. P5 series issued by the second accused. No corresponding entries are there in Ext. P3 cash book. In the other cash books, Ext. P9 series, also these amounts were not credited or accounted.

(3.) THE prosecution examined 17 witnesses and 3 defence witnesses were examined by the first accused. Second accused had no evidence. THE prosecution documents are Exts. P1 to P25. Ext. D1 is the solitary defence document. Ext. XI, XI (a) and X2 are also practically defence documents produced and proved by DW 1.