2009 Supreme(SC) 417

Supreme Court of India
THE HONOURABLE MR. JUSTICE S.B. SINHA, THE HONOURABLE MR. JUSTICE ASOK KUMAR GANGULY & THE HONOURABLE MR. JUSTICE R.M. LODHA
Y. Venkaiah
Versus
State of A.P.
CRIMINAL APPEAL NO.1279 OF 2004 WITH Criminal Appeal Nos. 1280/2004, 1281/2004, 1282/2004 and 1283/2004
Decided on : 03-03-2009

IMPORTANT POINTS
Common intention should be judged from totality of circumstances.
Acquittal of co-accused will have no effect on other accused section 34 CPC is attracted and applied.
Supreme Court does not review and analyse evidence unless impugned judgment is perverse.

Headnote:(a) Indian Penal Code, 1860 – Section 34 – Common intention – If established, each accused will be severally liable for the criminal act or series of acts – Common intention should be judged from totality of circumstances – Evidence, properly appreciated by courts below, establishing common intention of accused of fraudulently withdrawing scholarship money by fabricating false bills – Evidence also establishing facts to be facts incompatible with innocence of the accused – No infirmity in conviction. (Para 35, 38)

       B L R Supp. Volume 443 456; AIR 1925 PC 1; ILR 1914 (Volume 41) Cal. 1072; AIR 1963 SC 174; (2001) 3 SCC 673; (2003) 1 SCC 268; (2004) 13 SCC 238; (2006) 12 SCC 64 – Referred

       (b) Criminal trial – Conviction – Acquittal of co-accused – Will have no effect on other accused section 34 CPC is attracted and applied – No infirmity in conviction of concerned accused. (Para 39)

       (c) Constitution of India – Article 136 – Supreme Court does not review and analyse evidence unless impugned judgment is perverse – Instantly no perversity or infirmity in impugned judgment. (Para 42, 43)

       (1975) 4 SCC 649; (1976) 4 SCC 158; (2000) 1 SCC 358; (2002) 9 SCC 208 – Referred

       Facts of the case:

       The appellant- Y. Venkaiah (A-3) in Criminal Appeal No. 1280 was working as a Junior Assistant in the Office of the Deputy Director, Social Welfare Department, Nalgonda along with V. Rama Rao (A-1), S.A. Rasheed (A-2) and P. Kranwar (A-4).

       The appellant-S.A. Rasheed (A-2) in Criminal Appeal No. 1282/2004 was working as a Social Welfare Inspector.

       The appellant-P Kranwar (A-4) in Criminal Appeal No. 1283/2004 was a Warden, Social Welfare Govt. Boys Hostel, Nalgonda.

       Accused Nos. 2, 3 and 4 were prosecuted for an alleged conspiracy for drawing scholarships on the basis of fictitious post-matric students of Geeta Vignan Andhra Kalasala, Nalgonda and Government Junior College for Boys, Nalgonda.

       A-1, A-2 and A-3 have also drawn scholarships amount for fictitious post-matric students of S.L.L.S. Junior College, Alair, Nagarjuna Jr. College, Miryalaguda, Rajaram Memorial Junior College, Suryapet of Nalgonda District in collusion with A-4.

       On 29.3.1990, sanction was accorded for prosecution of A-2, A-3 and A-4 for an offence under Sections 120B, 420, 468, 477A IPC and Section 5(2) r/w 5(1)(d) of the Prevention of Corruption Act.

       On 11.10.1999, the learned Addl. Spl. Judge for the SPE & ACB Cases, Hyderabad came to the conclusion that A-1 to A-4 are guilty of the charges and convicted A-1,A-3 and A-4 for their involvement in respect of Bill Nos. 504,238,326 (amounting to Rs.63,522/-) and also convicted them for misappropriation of Rs.4,57,050/- vide Bill nos. 461,506,218 and 503.

       A-1, A-3 and A-4 were sentenced to undergo rigorous imprisonment for three years each for each charge and to pay a fine of Rs.2000/- each for each of the charges.

       A- 2 was convicted for an offence under Section 120 (b),420,468,477-A r/w 34 IPC and under Section 5(1)(d) r/w 5(2) of the Prevention of Corruption Act, 1947 r/w Section 34 IPC in respect of Bill No. 461, and sentenced to undergo rigorous imprisonment for 18 months under each charge and also to pay a fine of Rs.1000/-under each charge. In respect of other fictitious bills he was given the benefit of doubt as the bills were prepared when he was on medical leave.

       The Single Bench of the High Court dismissed the appeals by an order dated 31.10.2003 and affirmed the judgment, conviction and sentences recorded by the trial Court.

       The appellants Y. Venkaiah (A-4) and S.A. Rasheed (A-3) were prosecuted for the alleged conspiracy for drawing scholarships on the basis of fictitious post-matric students of Government Junior College for Girls, Nalgonda in collusion with Beaula-A-5(Matron).

       On 30.9.1997, the learned Addl. Special Judge for SPE & ACB Cases, Hyderabad acquitted A-1 of all the charges. The learned Judge found accused Nos. 2 to 5 guilty of the offences and sentenced them to undergo rigorous imprisonment for two years and a fine of Rs.500/-on each count.

       The High Court while affirming the judgment, conviction and sentence recorded by the trial Court dismissed the appeals

       Finding of the Court:

       There is no infirmity in the impugned judgment.

       Result:

       Appeals dismissed.