MANI Vs. STATE BY DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Batch of appeals arising from the judgements of the trial court in Spl.C.C.Nos.4 to 12 of 2001 on the file of District and Sessions/Special Court, Udhagamandalam, Nilgiris District traces its root to a common genisis. The accused persons Thiru.Mani (A-1) and Thiru. K.BelliKalan ( A-2) who are now appellants before this Court are public servants employed in Education Department as Additional Assistant Elementary Education Officer (in short "AAEEO") and Record Clerk respectively at Kothagiri Additional Elementary Education Office. The charges against them are criminal breach of trust, misappropriation, forgery, falsification of accounts, creation of false documents and abuse of official position for illegal pecuniary advantage. As far as Spl.C.C.Nos.5,6 and 7 of 2001 are concerned, Thiru. Mani (AAEEO) and Thiru. K.BelliKalan (Record clerk) are accused.

(2.) The criminal law has been set into motion based on the complaint lodged by Thiru.R.Narayanasamy, then Director of Elementary Education on 17.10.1997 detailing out several instances of falsification of accounts, financial irregularities including misappropriation and forgery. Though the complaint named only Thiru.Mathappan (AEEO) and Thiru.Thathan (AEEO) as suspects of crime, in the course of the investigation, apart from these two named accused, others, who were working in the Kothagiri Assistant Elementary Education Office, were also found involved in the crime. The investigation has led to file 9 separate final reports against the persons invloved in respective act of forgery, misappropriation, creation of false documents and falsification of accounts.

(3.) The present appeals Crl.A.Nos.776 and 794/2003 arise from the judgement in Spl.C.C.No.6/2001 wherein Thiru Mani (A-1) appellant in Crl.A.No.776/2003 found guilty of offences under Sections 477A, 409 of Indian Penal Code and 13(2) r/w 13(1)(c) &(d)(i) of Prevention of Corruption Act and sentenced to undergo R.I for a period of 5 years and to pay a fine of Rs. 2000/-each, in default to undergo 6 months SI each and period of sentence to run concurrently along with C.C.Nos.5/2001, 6/2001 and 7/2001. The Appellant in Crl.A.No.794/2003, Thiru. K.Bellikhan (A-2), found guilty of offences under Section 477A, 409 r/w 109 IPC and Section 13(2) r/w 13(1)(c) & (d)(i) of PC Act,1988 and sentenced to undergo R.I for a period of 5 years and to pay a fine of Rs.2,000/- each, in default to undergo 6 months SI each and period of sentence to run concurrently along with the sentence imposed in Spl.C.C.Nos.5, 6 and 7 of 2001.