A MURALI Vs. STATE

JUDGEMENT

(1.) CHALLENGE in this criminal appeals is to the conviction and sentence passed in Calendar Case No.2 of 1995 by the Special Court for CBI cases, Madurai.

(2.) THE nubble of the prosecution case is that the first accused viz., Murugesan has acted as an agent of National Insurance Company Limited during the years 1988-1990 and the second accused viz., Nagarajan is his brother and the third and fourth accused viz., Dr.S.Kanagaraj and Dr.A.Murali have acted as Veterinary Doctors, attached to the said Insurance Company and all the accused have conspired together so as to make false post-mortem certificates as if the cattle of Murugan, Marimuthu, Ramasamy, Mookaiyan, Rajendran, Paraman, Muthappan and Nagarajan have expired. In pursuance of their conspiracy, the first accused has made false claims to the tune of Rs.39,550/-. THE third accused has given false post-mortem certificates. THE fourth accused has also given false post-mortem certificates. Under the said circumstances, the accused 1 to 4 are said to have committed offence under Section 120-B of the Indian Penal Code, the first accused is said to have committed offence under Sections 420 of the Indian Penal Code, the third accused is said to have committed offence under Sections 468, 468 & 471 of the Indian Penal Code, the fourth accused is said to have committed offence under Sections 468, 468 & 471 of the Indian Penal Code, the first accused is also said to have committed offences under Sections 468, 468 & 471 of the Indian Penal Code and the second accused is said to have committed offence under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

(3.) WHEN the accused have been questioned under Section 313 of the Code of Criminal Procedure, as respects the incriminating circumstance appearing in evidence against them, they denied their complicity in the crimes. No oral evidence has been adduced on the side of the accused. However, Ex.D1 has been marked on the side of the accused.