STATE Vs. V.THIYAGARAJAN

JUDGEMENT

(1.) The State has filed this appeal challenging the judgment of the trial Court in C.C.No.5 of 2016 dtd. 4/4/2012 acquitting the accused in this case.

(2.) Appellant filed final report against the accused in this case for the offences under Ss. 120(b) r/w.420, 467, 471 and Sec. 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988. First accused was the then Senior Divisional Manager, United India Insurance Company Limited, Erode. The role of first accused and other accused, namely A2-Thiru.V.S.Balusamy, A3-Tmt.Manimegalai, A4-Thiru.Narayanasamy and the approvers Dr.Paramasivam, Thiru.Velliyangiri, Thiru.Ponnusamy came to light in the matter of claiming compensation under Motor Vehicles Act on the basis of false and forged documents. A2-Thiru.V.S.Balusamy is a practicing advocate at Kangeyam. A3-Tmt.Manimegalai is junior advocate of A2-Thiru.V.S.Balusamy. Accused Thiru.Mohamed Jabir was working as Assistant Surgeon in Government Hospital, Dharapuram during 2000-2001 and also the proprietor of Apollo Bone and Joint Hospital, Dharapuram. Fourth accused is a partner in a factory called Udhayam Fabwhich. A2-Thiru.V.S.Balusamy filed a claim petition on behalf of Thiru.Ponnusamy before Motor Accident Claims Tribunal, Dharapuram. A3-Tmt.Manimegalai filed a claim petition for Thiru.Velliyangiri and A4-Thiru.Narayanasamy. The claim petition of A4-Thiru.Narayanasamy is MCOP No.80 of 2000 and the claim petition of Thiru.Velliyangiri and Thiru.Ponnusamy are MCOP Nos.118 and 470 of 2000 respectively. Dr.Paramasivam was working as Resident Medical Officer, Sri Ramakrishna Hospital, Coimbatore and was entrusted with the work of issuing wound certificates. A1-Thiyagarajan was working as Senior Divisional Manager, United India Insurance Company Limited, Erode and was incharge of settlement of claims pending before Motor Accident Claims Tribunal at Dharapuram. First accused had settled the aforesaid cases in conspiracy with other accused knowing fully well that these claimants had not met with accident for which the claims were made and the claimants names were not figuring either in the First Information Report or final report. Without ordering investigation by a panel investigator into the claims to prove the genuineness of the claims, first accused settled the claims of the claimants and caused huge loss to the United India Insurance Company Limited and corresponding gain to himself and others. A2-Thiru.V.S.Balusamy and A3-Tmt.Manimegalai arranged false medical records and bills from Sri Ramakrishna Hospital with the help of Dr.Paramasivam for making the false claims. Therefore, final report was filed for the commission of offences punishable under Ss. 120(b) r/w.420, 467, 471 and Sec. 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988. The trial Court framed the following charges against the accused:

(3.) Accused denied the charges and claimed to be tried. Prosecution examined PW.1 to PW.24 witnesses and produced Exs.P1 to P76 documents. Accused examined DW.1 and DW.2 and produced Exs.D1 to D22 documents and also marked Ex.X.1 as Court document.