SUNDARAMURTHY Vs. STATE

JUDGEMENT

(1.) The convicted accused Nos.1 and 2 have preferred the above criminal revision cases against the judgment passed by the learned I Additional Sessions Judge, Tiruvallur, in Criminal Appeal No.98 of 2013, dtd. 17/12/2014, reversing the order of acquittal passed by the learned Judicial Magistrate No.I, Ponneri, in C.C.No.73 of 2004, dtd. 31/1/2013.

(2.) The respondent police has filed final report in Crime No.1 of 2003 alleging that the first accused by name Selvaraj was working as Secretary and the second accused namely, Sundaramurthy was working as Cashier in Ponneri Co-operative Rural Bank. On 14/10/1996, A.1 has falsified the accounts and misappropriated a sum of Rs.1,00,000.00 from the fixed deposit of Thiru Masilamani and further, on 20/3/1997, A.1 has falsified the accounts and misappropriated a sum of Rs.1,73,000.00 from the fixed deposit of Thiru Mohideen Sahib. The second accused, without verifying the accounts, gave fixed deposit money to A.1 and therefore, A.2 has abetted the illegal act of A.1. Hence, both A.1 and A.2 have committed criminal breach of trust, forgery of valuable security, using as genuine a forged document, falsification of accounts and fraudulent of accounts and therefore, A.1 is liable to be punished for the offences under Ss. 408, 467, 471 and 477(A) of IPC and A.2 is liable to be punished for the offences under Ss. 109 r/w.408, 467, 471 and 477(A) of IPC.

(3.) During trial, on the side of the prosecution, 11 witnesses were examined as P.Ws.1 to 11 and 23 documents were marked as Exs.P.1 to P.23. On the side of the accused, no witness was examined and no document was marked.