D V DATTATREYULU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of a Special Judge for CBI Cases, Hyderabad dated 28-4-1995 rendered in CC No. 10 of 1994 under which the appellant/accused has been convicted for the offence under Section 409 of IPC and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000.00in default to undergo rigorous imprisonment for three months; for the offence under Section 477A of IPC and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 1,000.00 with default sentence of one month; and for the offence under Sections 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.2,000.00 with default sentence of rigorous imprisonment for three months.

(2.) The facts relating to this appeal may be stated briefly as follows: The appellant-accused has been working as Manager of Sri Venkateswara Grameena Bank, Vijalapuram Branch, Chittoor District during the period between 16-7-1990 to 30-4-1991 has mis-appropriated an amount of Rs.84,000.00 by creating false and forged documents pertaining to certain account holders. The accused is also said to have sanctioned and released fraudulent loans against security of deposit receipts. It is further alleged that the accused debited certain sums from the accounts of Agricultural Term Loans (ATL) and Agricultural and Allied Term Loans (AATL) and credited them into certain Saving Bank Accounts and withdrew the said amounts. He is said to have passed Immediate Credit of Outstation Cheques and credited the proceeds into Savings Bank Account No.2880 standing in the name of himself and his wife. On 21-6-1991, PWl-the Inspector of Branches, Sri Venkateswara Grameena Bank visited the branch and during the inspection he noticed fraudulent transactions in the Bank. On the instructions of the higher authorities, he conducted a detailed inspection and submitted a report under Ex.P8 on 22-7-1991. On 26-6-1991, PW2-the another Inspector of Branches conducted a snap inspection of Vijalapuram Branch and noted that the records are not maintained properly. On 5-1-1993, PW2 conducted a regular inspection of the Vijalapuram Branch and noticed irregularities committed during the tenure of the accused and also during the tenure of PW10. PW13-the Inspector of Police, C.B.I, registered a case in Rc.3(A) of 1993, dated 22-2-1993 and issued FIR under Ex.P125. PW13 conducted investigation during which he examined PWs.1 to 8 and 11. He collected the documents under Exs.P1 to P106, 108 to 124. PW13 after obtaining sanction from PW9 filed the charge-sheet.

(3.) In support of the case of prosecution, PWs. 1 to 14 and Exs. P1 to P125 were marked. On behalf of accused, he examined one K. Srinivas as DW1 and marked a contradiction in 161 Cr.PC statement of PW6 as Ex. D1.