STATE Vs. D RAMADOSS

JUDGEMENT

(1.) THE respondents herein were the accused 1 to 7 in Spl.C.C.No.3 of 1995 on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Villipuram. THE accused Nos.1 to 5 were charged for the offences under Sections 120(B) r/w.167, 477(A), 409 I.P.C. and 5(2) r/w.5(1)(c) and (d) of the Prevention of Corruption Act, r/w.109 I.P.C. and the accused Nos.6 and 7 were charged for the offences under Sections 120(B) r/w.167, 477(A), 409 I.P.C. and 5(2) r/w.5(1)(c) and (d) of the Prevention of Corruption Act, r/w.109 I.P.C. and also charged for the offences under Sections 477(A) and 409 r/w.109 I.P.C. THE accused Nos.1 to 7 were acquitted by the learned Magistrate from all the above said charges. Challenging the said acquittal, the State has preferred this Criminal Appeal.

(2.) THE case of the prosecution, in brief, is as follows:- THE first accused was the Commissioner of Vanur Panchayat Union. THE second accused was the Manager, third accused was the Extension Officer, fourth accused was the Accountant and the fifth accused was the Office Assistant of the said Vanur panchayat union. THE sixth and seventh accused were the proprietors of Gajalakshmi Steel Traders, Cuddalore and Sri Karunamurthy Stores, Cuddalore respectively. During the period between July 1986 and October 1986 at Vanur Panchayat Union, Tirukoilur Marketing Society and other places in South Arcot District, the accused conspired together and in pursuance of the conspiracy, they instigated the approver Mohan to create false records at Tirukoilur Co-operative Marketing Society as if the pump materials covered by voucher Nos.312/7.8.1986, 471/3.10.1986, and 498/15.10.1986, of Vanur Panchayat Union were purchased by the Co-operative Marketing Society from Gajalakshmi Steel Traders, Cuddalore and from Sri Karunamurthy Stores, Cuddalore and thereafter sold to Vanur Panchayat Union. THE Mohan, who was the approver in this case, was the Special Officer of Thirukovilur Co-operative Marketing Society. THE price paid to the sixth and seventh accused was higher than the market price and thereby, loss was caused to the Vanur Panchayat Union. When the transaction had directly taken place between Vanur Panchayat Union and Gajalakshmi Steel Traders and Sri Karunamurthy Stores, an excess amount of Rs.66,659.65 was given. THE accused have failed to follow the instructions and procedures as per the circulars issued by the Government.

(3.) THE learned Government Advocate (Crl.Side) submitted that the approver Mohan, who was also an accused, had given a confession before the learned Judicial Magistrate and it was recorded under Section 164 of Cr.P.C., which is marked as Ex.P.162 in this case and he was given pardon and made as an approver but during trial, due to some illness, he could not speak and therefore, he was not in a position to give evidence. Though the approver could not give evidence before the trial Court, his confession statement was marked as Ex.P.162. Hence, the trial Court ought to have placed reliance on Ex.P.162. THE learned Government Advocate further submitted that the trial Court also ought to have held that the price of the materials purchased was higher than the market rate.