Judgment

P.P. Naolekar, J.—This appeal has been filed against the common judgment of the Kerala High Court where the appeal of appellant (A-2) against his conviction was dismissed. A-2 was the Asstt. Commissioner of Tripunithura group of the Cochin Devaswom Board and convicted by the common judgment passed by the Enquiry Commissioner and Special Judge, Thrissur appointed under the Prevention of Corruption Act, 1988 (hereinafter referred to as Act) along with A-3 (T.S. Rajan) who was the Devaswom Officer, Chottanikkara Devaswom. The trial court acquitted two other accused persons, A-1 (V. Unnikrishna Menon), who was Devaswom Commissioner, Cochin Devaswom Board and A-4 (V.G. Purushothaman Achari), the artisan/goldsmith/craftsman, who was appointed on 20.7.87 to make the Golaka. All these accused had been tried for offences punishable under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 409, 477-A and 120-B of the Indian Penal Code, 1860 (hereinafter I.P.C.) on the allegation that they had misappropriated the gold utilized for making a Golaka for Mekkavu Bhagavathy of Chottanikkara Temple.

2. The appellant was convicted for R.I.