STATE Vs. R. ULAGARAJ

JUDGEMENT

(1.) The Criminal Appeal is preferred by the Inspector of Police, Central Bureau of Investigation, ACB, Chennai against the acquittal of Respondent/Accused No.3 from the charges under Sec. 419, 420, 471, 120-B r/w 420, 419, 467, 468, 471, 477-A I.P.C. and Sec. 13(2) r/w 13(1)(c) and (d) of P.C. Act 1988 by the learned Principal Special Judge for CBI Cases, Channai, in S.C.No.54 of 2000 dated 04.08.2006.

(2.) A1 was working in Natrampalli Post Office as Postal Assistant for the period from 24.10.1992 to June 1996. A2 was functioning as Post Master in the same Post Office during the period from Feb. 1996 to 11.6.1996. A3 is a private person residing at No.1, Kothur Post, Gundukollai Village, Vellore District. A1 to A3 in pursuance of criminal conspiracy to cheat the Government of India, A1 forged the Kisan Vikas Patras (KVPs) indented by him and A2. They shown the KVPs as issued to one Rajendran. A1 and A2 knowing fully well, used the KVPs as genuine and encashed the same by abusing their official position fradulently and dishonestly through A3 and retained the pecuniary advantage of Rs.1 lakh to themselves and corresponding loss to the Government.

(3.) The accused were put on trial. In order to establish the case, the prosecution examined P.Ws.1 to 16; marked Exs.P.1 to P.37. After the examination of prosecution witnesses the accused was questioned under Sec. 313 Crimial P.C. with regard to the incriminating circumstances for which they denied the complicity. Three witnesses (D.Ws.1 to 3) were examined and three documents (Exs.D.1 to D.3) were marked on the side of accused. The Trial Court, after analyzing the evidence on record, convicted A1 as stated above and acquitted the other accused A2 and A3 from the charges. Aggrieved over the acquittal of the respondent/Accused-3 the prosecution has preferred this appeal.