INCOME TAX OFFICER Vs. T V RAJAMANICKAM

JUDGEMENT

(1.) BY consent of parties, all these four appeals have been taken up together for final disposal, as the issue involved in all these appeals and the arguments advanced are one and the same.

(2.) ALL these appeals have been preferred by the ITO, Circle I(1), Salem, against the judgments, dt. 10th July, 1986, of the learned Additional Chief Metropolitan Magistrate (Economic Offences II). Egmore, Madras 8, acquitting T. V. Rajamanickam (the accused in EOCC Nos. 1343, 1344 of 1983 and 812 of 1984), and R. Dhanabagyam (accused in EOCC No. 1361 of 1983), in respect of the charges under ss. 193, 420 and 471 of the Indian Penal Code, and ss. 277 and 276C(1) of the IT Act.

(3.) AFTER the evidence was over, the accused were examined under s. 313, Cr.PC, to explain the incriminating circumstances found against them, and they denied having participated in the crime and further stated that the evidence of the prosecution witnesses was not correct and that there was enmity between their families and the family of other partners and that signatures of other partners were not asked for by them in the panchayat and that in order to harass the accused, false cases have been foisted against them.