DHARMADEVI Vs. STATE

JUDGEMENT

(1.) These three Criminal Revision Petitions are filed by A-1, A-2 and A- 5 in C.C.No.125/2011, on the file of the Learned Judicial Magistrate, Gingee, challenging the judgment of the Learned II Additional District and Sessions Judge, Tindivanam in Crl.A.No.14/2013, confirming the judgment of the conviction and sentence passed by the Judicial Magistrate, Gingee.

(2.) The case of the prosecution in brief:- Between 19/06/2009 and 11/11/2010, the first petitioner was the Elected President of Iyangunan Panchayat. The second petitioner was its VicePresident. The third petitioner was the Makkal Nala Paniyalar (Public Welfare Worker). Based on complaint received from an Advocate by name Singaram alleging the President of Iyangunan had obtained a card under MGNREGA scheme and received wages, enquiry was conducted by the Assistant Project Officer Mr.Jayabalan. In his report, irregularities in maintaining the Registers under MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Act), 2005 and misappropriation of Rs.5,140.00 paid by fabricating the attendance register was found.

(3.) Alleging that, the first petitioner and two other accused, by fabricating work card but without working, paid Rs.5,140.00 as wages to the first accused (Dharmadevi), thus committed Criminal breach of trust. The other two petitioners Anbu (second accused) as Vice-President and Amutha (fifth accused) as Makkal Nala Paniyalar, along with two others Padmanaban (third accused) and Mathialagan (fourth accused) who were working as Assistants in the Panchayat Office by fabrication of documents facilitated the misappropriation. Also, A-3 and A-4, unauthorisedly deducted wages of the beneficiaries, for the local tax and Cable TV subscriptions. Thus, alleging they committed breach of trust, fabrication of documents and misappropriation by contravening the provisions of MGNREGA Scheme, complaint was filed by the Block Development Officer to the Valathy Police. The F.I.R in Crime No.97/2011 dtd. 11/06/2011 was investigated and Final Report against 5 persons including these three revision petitioners was filed and taken cognizance by the trial Court. Charges under Ss. 409, 471 and 477-A I.P.C were framed and tried.