L GEORGE Vs. STATE

JUDGEMENT

(1.) A-1, who is the appellant in Crl. A. Nos. 724 and 725 of 1998, A-2, who is the appellant in Crl. A. No. 771 of 1998, A-2, who is the appellant in Crl. A. No. 823 of 1998, A-3, who is the appellant in Crl. A. No. 724 of 1998 and A-4, who is the appellant in Crl. A. No. 774 of 1998, have come forward with these appeals challenging their conviction and sentence passed by the learned III Additional District Judge/special Judge for C. B. I. Cases, coimbatore, in C. C. Nos. 13 and 14 of 1998 convicting A-1, in Crl. A. Nos. 724 and 725 of 1998, under Section 120-B r/w 420 IPC and under Section 5 (2) r/w 5 (1) (d)of Prevention of Corruption Act, 1947 (for short "the Act") and under section 5 (2) r/w 5 (1) (d) of the Act in each case and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-, in default, to undergo three months imprisonment for each offence in each case, convicting A-2, in Crl. A. No. 771 of 1998, under Section 120-B r/w 420 IPC and under Section 5 (2) r/w 5 (1) (d) of the Act and under Section 109 IPC r/w Section 5 (2) r/w 5 (1) (d) of the Act and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-, in default, to undergo three months imprisonment for each offence, convicting A-2, in crl. A. No. 823 of 1998, under Section 420 IPC and under Section 109 IPC and 5 (2)r/w 5 (1) (d) of the Act and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,000/-, in default, to undergo three months imprisonment for each offence, convicting A-3 and A-4, in crl. A. Nos. 724 and 774 of 1998 respectively, under Section 120-B r/w 420 IPC and under Section 5 (2) r/w 5 (1) (d) of the Act and under Section 420 IPC and under section 109 IPC and 5 (2)r/w 5 (1) (d) of the Act and sentencing each one of them to undergo rigorous imprisonment for a period of one year and to pay a fine of rs. 1,000/-, in default, to undergo three months imprisonment for each offence.

(2.) THE case of the prosecution is that A-1 was working as a Manager, State Bank of Travancore, Ooty Branch, from 26. 07. 1985 to 09. 05. 1986. A-2 in Crl. A. No. 771 of 1998, was one of the account holders in the same branch and he used to visit the branch frequently and therefore he is having acquaintance with A-1. A-3 and A-4 are loanees.

(3.) THE prosecution, in order to bring home the charges levelled against the accused in Crl. A. Nos. 724, 771 and 774 of 1998, examined p. Ws. 1 to 10 and filed Exs. P. 1 to 43 and in Crl. A. Nos. 725 and 823 of 1998, examined P. Ws. 1 to 8 and filed Exs. P. 1 to P. 17.