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2017 Supreme(Mad) 4207
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. VELMURUGAN, J.
Md. Maqdoom – Appellant
Versus
Inspector of Police, Central Bureau of Investigation Anti Corruption Branch – Respondent
Criminal Appeal Nos. 309, 322, 362 of 2014
Decided On : 28-07-2017
For the Appellants : Mr. V.S. Venkatesh, Mr. B. Kumarasamy for Mr. J. Pothiraj, Mr. Niranjan Rajagopal
For the Respondent: Mr. K. Srinivasan.
Headnote:
Indian Penal Code, 1860 – Sections 420, 467, 468, 477A, 428 and 120 - Prevention of Corruption Act, 1988 – Section 13 – Criminal Procedure Code, 1973 - Section 313 - Banking - Case of prosecution in brief is as follows - A1 worked as postal assistant in royapettah post Office and he was working at post office with effect A2 was working as group d staff of post office - A1 in conspiracy with A2 his subordinate had opened a savings bank account with state bank of india then state bank of indore a practising advocate impersonating by issuing an official letter stating that was working as group d employee in his office and A1 signed as introducer - In furtherance of said conspiracy post office cheque issued in favour of PW-3 and two cheques and issued by PW-3 for opening time deposit were deposited in SBI bank account opened in name of PW-3 by A2 impersonating as PW-3 - Held, For all reasons stated above it could be concluded that prosecution have established case beyond all reasonable doubts by placing reliable and acceptable evidence - Since learned trial Judge has considered entire oral and documentary evidence and come to conclusion that accused have committed offence as stated above quantum of sentence to be imposed upon convict is discretion of court there is no reason to interfere with conviction and sentence imposed by trial court - Conviction and sentence imposed on appellants by trial Court are hereby confirmed - Trial court is directed to take necessary steps to secure presence of accused for undergoing remaining period of sentence - Period of sentence already undergone by them shall be given set- off - Appeal Is Dismissed.
1. While Md. Maqdoom and C. Natarajan, who are accused 1 and 2 in C.C. No. 46 of 2012 on the file of the learned XIII Additional Special Judge for CBI cases, Chennai, have filed Crl. A. Nos. 309 and 324 of 2014 respectively, one R. Natarajan, has filed Crl. A. No. 362 of 2014 to enhance the sentence awarded to A1 and A2. A1 and A2 stood charged for offences under Sections 120-B r/w 420, 467, 468, 477-A of IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (for brevity the PC Act). By judgment dated 29.04.2014, the learned Special Judge convicted the accused as under:-
Rank of Accused
Section of law
Sentence of imprisonment
A1 and A2
120-B IPC
A1 and A2 to undergo six months R.I.
A1
420 IPC
A1 to undergo 2 years R.I and pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A2
420 IPC
A2 to undergo 1 year R.I and pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A1
467 IPC
A1 to undergo 2 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A2
467 IPC
A2 to undergo 1 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A1
468 IPC
A1 to undergo 2 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A2
468 IPC
A2 to undergo 1 year R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A1
477-A IPC
A1 to undergo 2 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A2
477-A IPC
A2 to undergo 1 year R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A1
13(2) r/w 13(1)(d) of PC Act
A1 to undergo 2 years R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
A2
13(2) r/w 13(1)(d) of PC Act
A2 to undergo 1 year R.I. and to pay a fine of Rs. 1,000/- i/d to undergo 3 months S.I.
The sentences are ordered to be run concurrently
Challenging the said conviction and sentence, A1 and A2 are before this Court in Crl.A.Nos.309 and 324 of 2014.
2. The case of the prosecution, in brief, is as follows:
(a) Md. Maqdoom (A1) worked as Postal Assistant in Royapettah Post Office during the period from April 2000 to September 2010 and he was working at the Gopalapuram Post Office, Chennai with effect from 30.09.2010. C. Natarajan (A2) was working as Group D staff of Royapettah Post Office since 1988. A1 in conspiracy with A2, his subordinate, had opened a Savings Bank Account with State Bank of India (the then State Bank of Indore) in the name of R. Natarajan, a practising Advocate, impersonating as "R. Natarajan" by issuing an official letter stating that "Mr.Natarajan R. was working as Group - "D" employee in his office" and A1 signed as introducer.
(b) In furtherance of the said conspiracy, the Post Office Cheque bearing No. 282934 dated 10.11.2006 for Rs. 19,89,643/- and No. 992220 dated 16.11.2010 for Rs. 5,95,733/- issued in favour of R. Natarajan (PW-3) and two cheques bearing Nos. 158066 for Rs. 9,00,000/- and No. 845489 for Rs. 1,00,000/- issued by R. Natarajan (PW-3) for opening Time Deposit, were deposited in the SBI Bank Account opened in the name of R. Natarajan (PW-3) by C. Natarajan (A2) impersonating as R. Natarajan (PW-3).
(c) A1 had deposited various cheques meant for R. Natarajan (PW-3) in the fake Bank Account and withdrawn money from the said Bank by issuing various cheques signed by C. Natarajan (A2) as R. Natarajan (PW-3).
(d) A1 had created fake pass book in the name of the depositor R. Natarajan (PW-3) for Rs. 2,01,000/- by mentioning its account number fictitiously as 112717 and affixing the Gopalapuram Post Office date stamp and Royapettah
