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2018 Supreme(Mad) 1025

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
T.L. Vedachalam & Others - Appellants
Versus
State by the Inspector of Police, SPE/CBI/ACB/Chennai - Respondent
Criminal Appeal Nos. 496, 521 & 522 of 2012
Decided On : 27-03-2018

Advocates Appeared:
For the Appellants :A. Thamizharasan, J. Srinivasan, Advocates.
For the Respondent: K. Srinivasan, Special Public Prosecutor.

Headnote:

Code of Criminal Procedure, 1973 – Section 313 – Penal Code, 1860 – Section 120-B, 420, 468 and 468 r/w 471 – Prevention of Corruption Act,1988 – Section 13 – Order of Conviction – Criminal conspiracy – Criminal Appeals are directed against the judgment in C.C.No.23 of 2004 dated 31.07.2012 rendered by the learned XIV Additional Special Judge for C.B.I cases holding A1 to A3 guilty of offences under Section 120-B, 420, 468 and 468 r/w 471 of I.P.C and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act,1988. – Held, Evidence of PW.9 who has stated the market price of the spare parts without any supporting document and the evidence of PW.10 K.K.K. Chand who had claimed remuneration for his report but denies the genuineness of the said report and he does not inspire confidences with this piece of evidence. – The appellant cannot be held guilty for conspiracy, forgery or cheating based on these evidence which is uncorroborative and doubtful. – It is also to be taken note that A3 [Lella.V.Nehru] license private surveyor for the insurance company, had submitted written statement under Section 313 of Cr.P.C, wherein he has said that it is at the request of the insurance company, he had conducted the final survey of the lorry bearing registration No.A.P-16-W-7972 which met with an accident and kept in the mechanical shop of M/s.Lakshmi Ganesh Mechanical Works, J.A. Nagar, Vijayawada. – The final survey report was submitted by him on 07.08.2000, he had no knowledge about the re-inspection report issued in the name of K.K.K. Chand. – Exculpatory statement of K.K.K. Chand after receiving remuneration for re-inspection report is highly unreliable. – Criminal Appeals Allowed

JUDGMENT :

1. These Criminal Appeals are directed against the judgment in C.C.No.23 of 2004 dated 31.07.2012 rendered by the learned XIV Additional Special Judge for C.B.I cases holding A1 to A3 guilty of offences under Section 120-B, 420, 468 and 468 r/w 471 of I.P.C and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act,1988.

2. Based on reliable information, the First Information report was registered on 30.04.2002 that during the year 2000, the 1st accused T.L. Vedachalam while working as Assistant Manager, United India Insurance Company Ltd., [UIIC]., Division XI, Chennai, had entered into criminal conspiracy at Chennai, Vijayawada and other places with A2 [Shri M. Malyadri], a lorry Operator and A3 [Shri Lella V. Nehru] an Insurance Surveyor, operating at Vijayawada and others. In pursuance to the criminal conspiracy, A1 [Shri T.L. Vedachalam] knowing fully well that the fake Motor Accident Claims was preferred by A2 [M. Malyadri] in respect of his vehicle bearing registration number.A.P.16-W-7972, dishonestly and fraudulently processed the claim and sanctioned a sum of Rs.91,500/-. To support the fake claim, false and forged spot survey report dated 30.07.2000 in the name of K.K.K. Chand produced by the claimant Malyadri [A2]. Final survey report dated 07.08.2000, re-inspection report in the name of one Ramesh dated 18.08.2000 along with false automobile bills were prepared by Lella V. Nehru [A-3]. Thus UIIC Limited Division XI, Chennai had incurred wrongful loss of Rs.91,500/- and A1 to A3 had obtained corresponding pecuniary advantage. The investigation on the above allegations was conducted by Inspector of Police, C.B.I and final report filed before Principal Special Court for CBI cases, Chennai.

3. The Trial Court based on the material records filed by the prosecution framed charges for conspiracy, cheating, forgery and using forged document as genuine for offences under Section 120-B, 420, 468 r/w 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

4. The prosecution to prove the charges examined 31 witnesses and marked 59 documents. No witness examined nor document marked on the defence side.

5. The Trial Court has held the prosecution has proved the case beyond doubt and held them guilty and sentenced as under.

(i). The appellant/Accused A1 [T.L. Vedachalam] sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.500/- each for offence under Section 120-B, 420, 468 r/w 471 of I.P.C. and under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, in default to undergo three months Simple Imprisonment.

(ii). The appellant/Accused A2 [M. Malayadri] sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.500/- each for offence under Section 120-B, 420, 468, 468 r/w 471 of I.P.C., in default to undergo three months Simple Imprisonment.

(iii). The Appellant /Accused A3 [Lella V. Nehru] sentenced to undergo one year Rigorous Imprisonment and to pay a fine of Rs.500/- each for offence under Section 120-B, 420, 468, 468 r/w 471 of I.P.C., in default to undergo three months Simple Imprisonment.

6. Aggrieved by the judgment, separate appeals are filed by each accused.

[i]. The appellant in C.A.No.496 of 2012 is T.L. Vedachalam (A-1 before the trial court in C.C.No.23 of 2004).

[ii]. The appellant in C.A. 54 of 2012 is M. Malayadri (A-2 before the trial court in C.C.No.23 of 2004).

[iii]. The appellant in C.A. 522 of 2012 is Lella V. Nehru (A-3 before the trial court in C.C.No.23 of 2004).

Facts leading to these appeals:

7. The case of the prosecution as spoken by its witnesses is that, Appellant in Crl.A.496 of 2012 Mr. T.L. Vedachalam was the Assistant Manager, United India Insurance Company, Division Office XI, Chennai 34 during the year 2000. Thiru M.N. Ramakrishnan (PW-21) submitted a report Ex P-36 dated 18.03.2002 regarding the performance of Division Office XI, Motor Department, Chennai mentioning the details of repeated accident of a group of ve

























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