B. PRASATH Vs. STATE

JUDGEMENT

(1.) The appellant, who is arrayed as A8 in S.C.No.7 of 1998 on the file of the Chief Judicial Magistrate Court, Special Judge, Villupuram, Villupuram District found guilty of offences (1) u/s 120(B)IPC and sentenced to undergo RI for 1 year; (2) u/s 167 r/w 109 of IPC and sentenced to undergo 1 year RI and imposed a fine of Rs.1000.00 I/d undergo SI for 2 months; (3) u/s 477(A) r/w 109 of IPC and sentenced to undergo RI for 7 years and imposed a fine of Rs.3,000.00 I/d to undergo RI for 1 year; (4) u/s 409 r/w 109 of IPC and sentenced to undergo RI for 7 years and imposed a fine of Rs.3,000.00 I/d to undergo RI for 1 year; (5) u/s 420 IPC and sentenced to undergo RI for 7 years and imposed a sum of Rs.3,000.00 I/d to undergo 1 year RI; and (6) u/s 5(2) r/w 5(1)(c) and (d) of PC Act, 1947 and sentenced to undergo RI for 7 years and imposed a sum of Rs.3,000.00 I/d to undergo RI for 1 year. Aggrieved by the said conviction and sentence, the present appeal is filed.

(2.) The brief facts of the case:

(3.) To prove their case, the prosecution has examined 15 witnesses and 32 exhibits. PW1 [Praveen Kumar] the Then District Collector, who is the competent authority to grant sanction has spoken about the subjective satisfaction to prosecute the public servants [A1 to A5]. Since there was no direct evidence available for the prosecution, Mr.Govindan, the Special Officer of Vandipalayam Co-operative Store was granted pardon. He treated as approver and examined as PW10. He has spoken in detail about the conspiracy between the accused to cheat the Thiruvannainallur Panchayat Union fund by inflating the prince of electrical gadgets purchased from A8 and A9 through the Vandipalayam Co-operative Store.