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2025 Supreme(Mad) 3451
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN, J.
K. Rajavelu - Appellant
Versus
The State - Respondent
Crl. Appeal (MD) Nos. 30, 41, 42, 56, 57, 76 of 2019, Crl. M.P. (MD) No. 14193 of 2023
Decided On : 04-03-2025
Advocates:
Advocate Appeared:
For the Appellants : A. Robinson, M. Saravanan
For the Respondent: M. Karunanithi
Advocate Appeared:
For the Appellants : A. Robinson, M. Saravanan
For the Respondent: M. Karunanithi
Convictions confirmed despite appeals; conspiracies in financial fraud established through corroborated evidence, with sentences mitigated based on health conditions.
Headnote:(A) Prevention of Corruption Act, 1988 - Section 13(1)(d) - Indian Penal Code, 1860 - Sections 120-B, 420, 467, 468, 471 - Criminal conspiracy to defraud bank by submitting false loan applications and invoices for medical equipment, resulting in loss of Rs.1.04 crores to bank - Convictions made for various accused, with modifications in sentencing. (Paras 2, 6.1, 11.1, 13.1)
(B) Judgment - Appeal against trial court conviction of several defendants for conspiracy and fraud - CBI charged accused for wrongfully obtaining loans through fabricated documents; evidence cross-examined and substantiated - Conviction confirmed but sentences mitigated on health grounds. (Paras 21, 22)
Facts of the case:
Appellants, including bank managers and medical practitioners, were accused of cheating through a medical loan scheme by falsely representing the purchase of medical equipment, which led to significant financial loss for the bank. (Paras 1-8)
Findings of Court:
Convictions upheld, but sentences were reduced in view of mitigating circumstances, including age and health of certain accused, requiring them to pay compensation. (Paras 10-12)
Issues: The main issues involved included the establishment of conspiracy among multiple accused and the sufficiency of evidence connecting them with the crime. (Paras 3-9)
Ratio Decidendi: Court emphasized that conspiracy could be established without direct participation in every act, relying on corroborative evidence and the credibility of approvers. (Paras 8.1, 9.1)
Result: Appeals allowed to the extent of reducing sentences; convictions confirmed.
| Table of Content |
|---|
| 1. overview of appellants and charges (Para 1 , 2 , 3) |
| 2. general arguments and counterarguments presented (Para 4 , 6) |
| 3. arguments made by the appellants challenging the prosecution's case. (Para 5) |
| 4. court's deliberation on conspiracy and evidence (Para 7 , 8) |
| 5. court's observations on evidence and legal requirements for conspiracy. (Para 9) |
| 6. final decisions regarding convictions and sentences. (Para 10) |
| 7. final sentencing and recommendations (Para 11 , 13 , 14) |
| 8. mitigation considerations and conclusions (Para 15 , 17 , 18) |
JUDGMENT :
1. Accused Nos.1, 3, 5, 8, 10 and 11 in C.C.No.03 of 2009, on the file of the learned II Additional District Judge for CBI Cases, Madurai have filed these appeals, challenging the conviction and sentence imposed against them.
2. A1 has filed this appeal in Crl.A.(MD) No. 56 of 2019 challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 56/2019 | A -1 K.P.Kumar @ K.P.Veer Kumar | u/s 120-B r/w 420, 467, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; |
| u/s 420 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 467 IPC | Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 468 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| u/s 471 IPC | Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| u/s 13(2) r/w 13(1)(d) of PC Act | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| Total Fine Rs. 30,000/- |
2.1. A3 has filed this appeal in Crl.A.(MD) No. 57 of 2019 challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 57/2019 | A -3 Dr.S.Jala Jawahar | u/s 120-B r/w 420, 467, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; |
| u/s 420 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 467 IPC | Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 468 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| u/s 471 IPC | Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| Total Fine Rs. 25,000/- |
2.2. A5 has filed this appeal in in Crl.A.(MD) No. 30 of 2019 challenging the following conviction and sentence of imprisonment:
| Crl. A. (MD) No. | Rank of the Accused and Name | Charges proved under sections | Punishment (Imprisonment and Fine) |
| 30/2019 | A -5 Dr.K.Rajavelu | u/s 120-B r/w 420, 467, 468, 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; |
| u/s 420 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 467 IPC | Rigorous Imprisonment for 10 years and to pay a fine of Rs.5000/- in default to undergo Simple Imprisonment for Three months; | ||
| u/s 468 IPC | Rigorous Imprisonment for 7 years and to pay a fine of Rs.5000/-in default to undergo Simple Imprisonment for Three months; | ||
| u/s 471 IPC | Rigorous Imprisonment for 10 years and to pa | ||
