STATE OF TAMIL NADU Vs. N C NAHAR

JUDGEMENT

(1.) THIS appeal is filed by the Complainant against the acquittal of A1 to A5 in C. C. No. 182 of 1993 on the file of V Additional Special Court, Chennai, as per the judgment dated 5. 2. 1997.

(2.) A3 and A4 are brothers. A5 is the daughter of A3. A2 was running a company in the name of Surya Cabs at No. 139, N. H. Road, Madras 34 and owned an Ambassador car bearing registration No. TMO 2790, which was in the possession of A3 by way of security in respect of the loan availed by A2 from A3 and was used by A5, who is the daughter of A3.

(3.) AS per the case of prosecution, A1 as a public servant and A2 to A5, who are closely related to each other conspired together and pursuant to such conspiracy, to cheat United India Insurance Corporation Limited, Bangalore, A1 arranged to issue insurance policy on 20. 1. 1989 by ante-dating the same as if the insurance policy was issued on 16. 1. 1989, though the policy lapsed on 13. 12. 1983, to escape from the liability in respect of the compensation claimed by the owner of the Mercedez Benz car bearing registration No. TCV 2752 to which damage was caused by A5 in the accident that took place on 18. 1. 1989 at Music Academy Junction, Madras-4, due to rash and negligent driving of the Ambassador car bearing registration No. TMO 2790 by A5. Further, A1 in his capacity as a public servant and A2 to A5 also removed docket sheet relating to the Ambassador car bearing registration No. TMO 2790. Accordingly, the Inspector of police, SPE/cbi/acb/madras filed complaint against the accused that A1 committed the offences punishable under Sections 120b read with 420, 420 and 201, I. P. C. and Section 13 (1) (d) read with Section 13 (2) (b) of Prevention of Corruption Act and A2 to A5 committed the offences punishable under Sections 120b read with 420 and 420, I. P. C.