RANI. Vs. STATE

JUDGEMENT

(1.) Crl.R.C.No.34 of 2019 is filed by Thamizhselvi/accused No.1, who was the President of the Panchayat; Narasimha Bharathi/accused No.3, was the Village Assistant, working in the Panchayat, and Valar Selvi/accused No.4, was the Makkal Nala Paniyalar working with the Panchayat, and Crl.R.C.No.36 of 2019, is filed by Rani/accused No.2, the Vice President of the Panchayat, aggrieved by the Judgment, dtd. 9/10/2017 in C.C.No.228 of 2009, on the file of the Learned Judicial Magistrate No.II, Chidambaram, in and by which, the Trial Court found the accused guilty of the offenses under Sec. 465 of IPC, and sentenced to undergo Rigorous Imprisonment for a period of two years and imposed a fine of Rs.1,000.00 each and in default of payment of fine, to undergo Rigorous Imprisonment, for a period of one month and also found the accused guilty of the offenses under Ss. 408, 468, 420 of Indian Penal Code, and to undergo Rigorous Imprisonment for a period of three years each, in respect of each of the offenses and to pay a fine of Rs.2,000.00 each, in respect of each of the offenses and in default of payment of fine to undergo two months Simple Imprisonment and the Common Judgment dtd. 12/12/2018 of the Learned II-Additional Sessions Judge, Chidambaram, in Crl.A.No.103 of 2017 and Crl.A.No.1 of 2018, confirming the conviction and sentence imposed on the accused, however, by acquitting the petitioners for the offense under Sec. 465 of IPC, thereby, partly allowing the appeals.

(2.) Since, both the revisions have arisen out of the same case and same Judgment, are taken up together for disposal by way of this Common Judgment.

(3.) The gist of the allegations of the case of prosecution is that, the first accused being the President of the Kizhanatham Panchayat, the second accused being the Vice President of the same Panchayat, the third accused being the Village Assistant, working in the same Panchayat and the fourth accused, being the Makkal Nala Paniyalar attached to the same Panchayat, from 23/4/2007 to 28/9/2007, for about 55 days under the scheme framed under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005, had made records as if One Balakrishnan, had worked as a labour and disbursed a sum of Rs.4,400.00, while the said Balakrishnan had died on 20/3/2017 itself. Therefore, the four accused were prosecuted for the above said offenses.