M.VENKATESAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner/A3 to set aside the judgment dtd. 22/11/2021 in Crl.A.No.35 of 2019 passed by the learned Principal District and Sessions Judge, Thiruvannamalai District (lower appellate Court), confirming the conviction and sentence in the judgment dtd. 27/9/2019 in C.C.No.97 of 2013 passed by the learned Judicial Magistrate No.I, Thiruvannamalai (trial Court).

(2.) The Trial Court convicted the petitioner/A3 in C.C.No.97 of 2013 and sentenced to undergo two years simple imprisonment and to pay a fine of Rs.5,00.00, in default, to undergo one month simple imprisonment for the offence under Sec. 420 IPC, to undergo two years simple imprisonment and to pay a fine of Rs.5,00.00, in default, to undergo one month simple imprisonment for the offence under Sec. 465 IPC, to undergo two years simple imprisonment and to pay a fine of Rs.5,00.00, in default, to undergo one month simple imprisonment for the offence under Sec. 468 IPC and to undergo two years simple imprisonment and to pay a fine of Rs.5,00.00, in default, to undergo one month simple imprisonment for the offence under Sec. 471 IPC. Aggrieved against the same, the petitioner preferred an appeal in C.A.No.35 of 2019 and the Lower Appellate Court dismissed the appeal confirming the conviction and sentence imposed by the Trial Court. Against which, the present revision filed.

(3.) The case of the prosecution is that two persons, namely Sadasivam and Venkatesan filed motor accidents claim petitions in MCOP.No.187 of 2002 and MCOP.No.188 of 2002 before the Motor Accidents Claim Tribunal, Thiruvannamalai that on 8/3/2001 when the said Sadasivam and Venkatesan were riding in a cycle after completing their work at Thiruvannamalai near Kizhnachipattu elementary school at about 11 PM, at that time, a TVS Suzuki bike bearing registration No.PY-01-Q-5832 came in a rash and negligent manner and hit them from behind. Both of them got injured. Sadhasivam got injured on the back of his head and sustained bruises on his left arm. Venkatesan sustained bruises on his left arm, back of his shoulder, right palm and below his left eye. Thereafter, both taken to the Government General Hospital, Thiruvannamalai, wherein PW8/Casualty Doctor examined them, gave treatment and issued Accident Registers/Ex.P3 and Ex.P4. Four days after discharge, the said Sadasivam and Venkatesan, along with his friends, went to Kilpennathur Police Station, where the Head Constable registered a case in Crime No.101 of 2001 for the offence under Sec. 279 and 337 IPC against Narayanamoorthy, the rider of TVS Suzuki bike bearing registration No.PY-01-Q-5832. The vehicle was sent to the Motor Vehicle Inspector for inspection. The Motor Vehicle Inspector inspected the vehicle on 21/3/2001 and gave inspection report that accident was not due to any mechanical defect. After filing the motor accident claim petitions, notice was sent to the Insurance Company, namely, New India Assurance Company, Thiruvannamalai. The Insurance Company found that there is discrepancy in the vehicle number given in the motor vehicle report, accident register and FIR, further the rider of the vehicle, Narayanamoorthy was shown as the accused in FIR but in the motor vehicle report, Narayanamoorthy/A1 was shown as the owner of the vehicle and one S.Kannan was shown as the rider of the bike. Getting suspicious about the claim petition and the annexed documents, PW1 forwarded the documents to a Private Investigator/PW2 to verify the genuineness of the insurance claim. PW2 conducted enquiry and found that there are two vehicle numbers, one shown in the motor vehicle inspector's report as PY-01-Q-5832 and another in the Accident Register as TN-25-A-6289. Likewise, the name of the rider of the vehicle was also changed. On completion of investigation, charge sheet filed before the learned Judicial Magistrate No.II, Thiruvannamalai showing Kannan as the accused in S.T.C.No.987 of 2001. The said Kannan pleaded guilty and paid a fine of Rs.600.00 on 8/10/2001. Hence, it is found that a false insurance claim made. During that period, fake insurance claims investigated on the directions of the High Court by CBCID. The Divisional manager of Insurance Company/PW1 lodged a complaint and the CBCID sent a communication in RC.No.C6/726/010129/2005 along with the complaint of the Divisional Manager of the Insurance Company. The Inspector of Police, Kilpennathur Police Station registered a case in Crime No.317 of 2005 for the offence under Sec. 420 IPC against the said Venkatesan, Sadasivam, Sivakumar, Advocate and Damodaran, Head Constable. On completion of investigation, charge sheet filed in C.C.No.97 of 2013 arraying three persons as accused, namely Narayanamoorthy/A1, owner of the vehicle, S.Kannan/A2, a person who was substituted as rider and the petitioner/A3 Special Sub-Inspector of Police who filed the charge sheet in S.T.C.No.987 of 2002.