Y SUBBA RAO Vs. STATE

JUDGEMENT

(1.) These appeals arise out of the judgment and sentence passed in C.C.No.8 of 1989 on the file of Special Judge for C.B.I, cases, Visakhapatnam. Criminal Appeal No. 8 of 1991 is filed by A-1. Criminal Appeal No. 9 of 1991 is filed by A-3 and Criminal Appeal No. 10 of 1991 is filed by A-2 and A-4. As common questions of law and facts arose in all the criminal appeals, they are being disposed of by a common judgment. The accused are charged under Section 120-B of the Indian Penal Code read with Section 409, IPG 477-A, EPC and also under Section 5(2) read with 5(1) (c) of the Prevention of Corruption Act.

(2.) During the relevant period, A-1 was working as Accounts Officer Grade-II Cash and Compilation in SHAR Center, Sriharikota.He was promoted as Head Accounts and Internal Financial Adviser with effect from 1-6-1979. A-2, A-3 and A-4 were the Office clerks B/Cashier, during 1979,1980 and 1981 under A-1.The prosecution alleged that A-1 to A-4 conspired to misappropriate the monies belonging to Shar Centre, Sriharikota. They brought about six transactions where the monies were misappropriated. TRANSACTION NO.1:-

(3.) A-1 and A-4 are alleged to have misappropriated Rs. 3,465-50 ps. on 25-4-1979. A-4 obtained a banker's cheque, Ex.D-8, for Rs. 3,465-50. Ex.P-2 challan was prepared by A-4 and it was signed by A-1 for remittance forRs. 16,912-96. Ex .P-1 is the credit scroll and Ex.P-68 is the cash book entry for remittance. Three banker's cheques were used in the challan Ex.P-2. Ex.D-21 is the Banker's cheque dt. 23-4-1979, for Rs. 4,769-30; Ex.D-22 is the banker's cheque dt. 23-4-1979 for Rs. 8,678-16; Ex.D-8 is the banker's cheque dt. 25-4-1979 for Rs. 3,465-50. Ex.D-19 and D-20 are the applications for the issue of banker's cheques and they were prepared by A-4. However, they were obtained by P.W.4. Ex.D-21 and D-22 are the banker's cheques obtained by paying cash of Rs. 13,447-46 ps. by P.W.4. The balance was Rs. 3,465-50. It is alleged that A-1 obtained banker's cheque, Ex.D-8, for the said amount from the State Bank of India, Sriharikota, being the value 525 postal orders sent for realisation from the post office through Ex.D-34, forward ing letter. The value of postal orders comes to Rs. 3,645-55. This was prepared by P.W.11 as per the instructions of A-1, Ex.D-8 was issued on the basis of Ex.D-34. Ex.D-8 was acknowledged by B. Ramachandra Reddy, a clerk working under P.W.5. It is the case of the prosecution that the dak would be received by A-1 and opened in his office. He would put his initials and mark the document to the concerned sections. It is alleged that Ex.D-8 was substituted for the balance cash of Rs. 3,645-50 and Ex.P-2 challan was given including Ex.D-21, Ex.D-22 and also Ex.D-8. Therefore, the amount covered by Ex.D-8 is misappropriated. TRANSACTION NO.2:-