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2018 Supreme(Mad) 3288
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. JAYACHANDRAN, J.
Tamil Selvan - Appellant
Versus
Central Government Rep by Its Inspector of Police - Respondent
Criminal Appeal No. 101 of 2010, 452 of 2010
Decided On : 23-10-2018
M. Jothibasu, Adv., N. Nagendran, Adv., S. Thirupathi, Adv.
The central legal point established in the judgment is the fabrication of false documents and statements in a criminal conspiracy, leading to convictions under IPC 182 and 511 r/w 420.
Headnote:
Criminal Conspiracy - Insurance Fraud - IPC 182, 511 r/w 420, 120B, 279, 337, 338 - The court discussed the evidence and documents related to the fake accident claim, the role of the accused in fabricating records, and the acquittal of one of the accused. The legal provisions of IPC 182, 511 r/w 420, 120B, 279, 337, 338 were central to the court's decision.
Fact of the Case:
The case involved a criminal conspiracy to fabricate a false accident claim for insurance compensation. The accused were convicted for offenses under IPC 182 and 511 r/w 420, while one accused was acquitted. The evidence included fabricated documents and false statements related to the alleged accident.
Finding of the Court:
The court found that the prosecution had proved the guilt of the accused for fabricating false accident claims and convicted the accused based on the evidence presented.
Issues: The issues revolved around the fabrication of false accident claims, the role of the accused in the conspiracy, and the acquittal of one of the accused based on the evidence presented.
Ratio Decidendi: The court's decision was based on the proper appreciation of evidence, including medical records, witness testimonies, and the fabrication of documents, leading to the conviction of the accused and the acquittal of one of the accused.
Final Decision: The appeal filed by the convicted accused was dismissed, confirming their conviction. The appeal against the acquittal of one of the accused was allowed, leading to the conviction and sentencing of the acquitted accused.
G. JAYACHANDRAN, J.
1. Crl. A(Md)No.101 of 2010 has been preferred by the accused Tamil Selvan(A-1) and T. Gunsekaran (A-2) against the conviction and sentence imposed on them by the trial Court in C.C.No.03 of 2007 on the file of the learned Special Judge for CBI Cases, Madurai. Whereas Crl.A(MD)No.452 of 2010 has been preferred by the State against the order of acquitting A-4 (K.Nagooran) in C.C.No.3 of 2007 on the file of the learned Special Judge for CBI Cases, Madurai..
2. The facts of the case and evidence leading to convicting A-1 and A-2 for the offence under Section 182 IPC and A-2 for offence under Section 511 r/w. 420 IPC and acquitting A-4 from the charges under Sections 120B r/w 182, 420 and 511 IPC and 13(2) r/w 13 (1) (D) Prevention of Corruption Act 1988, are as below:-
(i)The National Insurance Company and other Insurance Company filed a batch of Writ Petitions before the Hon'ble High Court of Madras, seeking CBI investigation to probe fake accident claims preferred by various claimants, based on the fake or forged First Information Report by fabricating records, as if the injuries sustained by the victim were due to road accident caused by vehicles insurer under there companies. Pursuant to the Writ petitions, the Hon'ble High Court in a batch of writ petitions vide common order dated 20.07.2006 directed the CBI to investigate 13 specific cases Crime No.38 of 1999 on the file of the Mimisal Police Station, Pudhkottai is one among those 13 cases.
(ii)Pursuant to the said direction of the High Court, CBI has registered a case under Sections 420, 120-B and 511 IPC as against Tamil Selvan and T.Gunasekaran and investigated. At the end of the investigation, they found that Tamil Selvan(A-1), T.Gunasekaran(A-2), IllayaPerumal (A-3) and Nagooran (A-4) entered into a criminal conspiracy on 17.09.2009 at Pudukottai to cheat the National Insurance Company and to avail insurance claim by preferring false claim petition for the self inflicted injuries sustained by T.Gunasekaran. Pursuant to the said conspiracy T.Gunasekaran(A-2) in connivance with K.Nagooran (A-4), the then Sub Inspector of Mimisal Police Station has created a compliant, as if T.Gunasekaran sustained injury by falling in Bajaj M 80 two wheeler bearing registration No.TN 55 C 2932 as pillion rider while V.Tamil Selvan riding the two wheeler. Pursuant to the said conspiracy, First Information Report was registered by the K.Nagooran(A-4) based on the false complaint given by T.Gunasekaran. The First Information Report was registered after 56 days from the date of occurrence. Final report with fabricated documents as if A- 4 investigate the Motor Accident and found that V.Tamilselvan had rash and negligently driven the Bajaj M 80 vehicle and lost his control while negotiating the turn and thereby the pillion rider T.Gunasekaran was thrown out from the vehicle and sustained fracture. Based on the final report filled by A-4, V.TamilSelvan was produced before the Magistrate and he was read over the charges against him for the offence under Sections 279, 337 and 338 IPC.
(iii) In C.C.No.119 of 2000 (arising out of Crime No.38 of 1999 on the file of Mimisal Police Station) the learned Judicial Magistrate convicted V.Tamilselvan (A-1) based on the guilty pleaded for the offence under Section 279 IPC sentenced him to pay a fine of Rs. 500/- in default to undergo 1 month simple imprisonment and for the offence under Section 338 IPC he was sentenced to pay a fine of Rs. 750/- in default to undergo 1 month simple imprisonment vide order dated 11.05.2000. V.Tamilselvan (A-1) has paid the total fine amount of Rs. 1,250/-.
(iv)Thereafter, T.Gunasekaran(A-2) has filed a claim petition in M.C.O.P.No.733 of 2000 before the Motor Accidents Claims Tribunal, Pudukottai claiming Rs. 10,00,000/- as compensation for the injuries sustained by him against the owner of the Bajaj M 80 and the Branch Manager of National Insurance Company.
(v)In the final report, CBI concluded that on
