DURAIKANNU (A2) AND ORS. Vs. STATE

JUDGEMENT

(1.) This batch of appeals are preferred by the accused who were held guilty in Special C.C.No.3 of 2000, on the file of the learned Special Judge-cum-Chief Judicial Magistrate, Chengapattu vide judgment dated 29.07.2009.

(2.) On 30.08.1994 three applications purported to be from the widows of Vanathiyan son of Santhanam, Munian son of Poogan, Gajendran son of Muthan of Mogulvadi village, Maduranthagam Taluk enclosing the death extract of the above said persons signed by Thiru.S.Kalaiarasu, Village Administrative Officer of Mogulvadi Village, Maduranthagam Taluk was received by Thiru.Deek.Ramasamy the Tahsildhar, Distress Relief Scheme, Maduranthagam. He processed the application and sent the same to Devarajan [A1], Revenue Inspector for enquiry and report. The said Devarajan on receipt of the applications, recommended to sanction the Distress Relief of Rs. 5,000/- to each of the applicants. Since there was delay in making the applications, Thiru.Deek Ramasamy, Tahsildhar addressed a letter to the District Collector, Chennai, requesting him to condone the delay in preferring the application seeking Distress Relief Fund. Considering the request, the District Collector has issued proceedings condoning the delay. Thereafter, Thiru. Deek Ramasamy, Tahsildhar has sanctioned the relief amount to the three appellants A5 to A7 who claim themselves as widows of Vanathiyan, Munniyan and Gajendaran.

(3.) Thiru. V.Narayanan, Tahsildhar succeeded Thiru.Deek Ramasamy as Tahsildhar of Maduranthagam Taluk during September 1995. Pursuant to the sanction order issued by the District Collector cheques were issued for Rs. 5,000/- to each of the applicants, in presence of P.Murugasan, Village Assistant who has identified the claimants, later it was found that the claimants who received the distress relief fund are not widows of Vanathiyan, Munnaiyan, Gajendaran. In fact these three persons are alive and the death extract issued that they were died during July/August 1993 is false. The fictitious entry had been made in the death register as if the above said persons were died during July/August 1993. Thiru.Duraikannu [A-2] who was the Village Administrative Officer of Mogulvadi Village, during that relevant point of time had made the false entry in the death register with connivance of his Village Assistant showing him as the informer for the death. After applying for Distress Relief Fund, these accused have arranged three persons namely Selvi, wife of Fancis, Thiru.Kannammal, wife of Kanniappan and Thiru.Malliga, wife of Sankaran to impersonate as widow of Vanathaiyan, Munniyan and Gajendaran to receive the Distress Relief Fund. Accordingly, these three ladies have gone to Bank of India, Maduranthagam having received the cheque and encashed the same. The information as found in the First Information Report indicates that after giving Rs. 150/- to each of the ladies, the remaining money has been taken away by Duraikannu [A-2] and Murugesan [A-4] thus the totally Rs. 15,000/- has been cheated by the accused persons. Thus, pursuant to the conspiracy A1 to A7 had cheated the Government by producing false death extract by creating false entry in the death register and by impersonation.