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1999 Supreme(SC) 175

S.RAJENDRA BABU, G.B.PATTANAIK
State Of Kerala: Managing Director, Western India Plywoods – Appellant
Versus
Puttumana Illath Jathavedan Namboodiri – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The High Court's revisional jurisdiction is supervisory and aimed at correcting miscarriages of justice, not akin to appellate or second appellate jurisdiction (!) (!) .
  • The High Court cannot re-appreciate evidence unless there are glaring features indicating a gross miscarriage of justice (!) (!) .
  • The High Court exceeded its jurisdiction by re-evaluating oral evidence and interfering with the conviction without identifying any such glaring features (!) (!) .
  • The High Court failed to consider several pieces of evidence relied upon by lower courts when it quashed the conviction (!) .
  • The appellate courts' findings, once properly appreciated, should generally be upheld unless a clear error or miscarriage of justice is evident (!) .
  • The conviction and sentences passed by the Magistrate and affirmed by the Sessions Judge were upheld because the High Court's interference was deemed unwarranted (!) .
  • The order emphasizes that revisional courts should not substitute their own findings for those of the trial and appellate courts unless there is a significant flaw in the evidence or procedure (!) .
  • The case involved allegations of manipulation of official records, forgery, and misappropriation related to sale proceeds of barrels, with evidence examined and findings recorded at each judicial level (!) (!) .
  • The appellate process confirmed the conviction, and the High Court's decision to interfere was reversed, reinstating the original conviction and sentences (!) .

Please let me know if you need a detailed analysis or specific legal advice related to this case.


Judgment

Pattanaik, J.-The State of Kerala is in appeal against the judgment dated 4.2.94 of the Kerala High Court in Criminal Revision Petition No. 521 of 1988. By the impugned Judgment, the High Court in revision, has interfered with the conviction and sentence passed against the accused respondent of the offences under Sections 408, 468 and 477A of the India Penal Code.

2. The accused-respondent was an employee of Western India Plywoods and was head of the purchase section. In course of his duties, he was supposed to send empty barrels to the suppliers for getting the chemi­cal Formal-dehyde. The prosecution alleged that in the process of sending such empty barrels to the suppliers for the purpose of getting refilled Formal-dehyde between the period 10.10.74 to 25.6.75, the accused-respondent manipulated the official records and documents and sold 660 empty barrels, the value of which was Rs. 69,300/- and him­self appropriated the same, thereby committed offence under Section 408, 468 and 477A of the Indian Penal Code. The prosecution examined as many as 24 witnesses and exhibited 96 documents. On a thorough consideration of the evidence on record, both oral and documentary, the









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