The court confirmed convictions for misappropriation against coffee board employees, allowing for fines instead of imprisonment due to prolonged appeals and the age of the accused.

COMMON JUDGMENT

These appeals arise from various criminal proceedings initiated by the Central Bureau of Investigation in relation to the allegations of misappropriation and falsification of accounts by the employees of the Coffee Board Kerala.

2. Crl.Appeal.Nos.1908 of 2004 and 1942 of 2004 arise from C.C.No.1 of 1995. Crl.Appeal.Nos.2142 and 2143 of 2004 arise from C.C.No.6 of 1994. Crl.Appeal.Nos.583 of 2006 and 580 of 2006 arise from C.C.No.36 of 1998. Crl.Appeal.No.166, 176 and 177 of 2005 arise from C.C.No.7 of 1994. All the criminal cases were pending before the Special Judge (SPE/CBI)-I, Ernakulam for offences punishable under sections 120B r/w 409, 467, 471 and 477A IPC and Section 5(2) R/w 5(1)(c) of PC Act 1947. All the appellants stand convicted by separate judgments in each of the above C.Cs.

Crl.Appeal.Nos.1908 of 2004 and 1942 of 2004:

Accused Nos.2 and 3 are the appellants in Crl.Appeal.1908 of 2004 and Crl.Appeal 1942 of 2004 is filed by the first appellant. The crux of the prosecution allegation was that the first accused, while working as the Assistant Manager of Coffee Pool Depot, Thodupuzha, during the period May 1985 to August 1986, hatched a criminal conspiracy with second and third accused, who were coffee collecting agents for misappropriation of the Coffee pool fund amount of the Coffee Pool Depot and in pursuance of the criminal conspiracy forged the records, registers and receipts in relation to the supplementary payments made in relation to the coffee growers. The accused allegedly misappropriated a sum of Rs.2,27,029.60/-. On the basis of the allegations, investigation was conducted and final report was laid. On the side of the accused, PWs.1 to PW19 were examined and Exts.P1 to P752 were marked. On the side of the accused, DW1 and DW2 were examined and Exts.D1 to D2 were marked. On the basis of the available materials, the court below found all the accused guilty of various offences, convicted and imposed sentences of imprisonment and fine extending to various periods.

Crl.Appeal.Nos.2142 of 2004 and 2143 of 2004:

These appeals arise from C.C.No.6 of 1994 of Special Judge, (SPE/CBI)-I Ernakulam. Crl.Appeal.No.2143 of 2004 is preferred by the second and third accused together and Crl.Appeal.2142 of 2004 is preferred by the fourth accused.

3. The crux of the prosecution allegation was that, the first accused was the Assistant Coffee Depot Manager of the Coffee Pool Depot, Thodupuzha during the period October 1986 to December 1986. Accused Nos.2 to 5 were the coffee collecting agents. During that period, accused entered into a criminal conspiracy to misappropriate pool funds of the Coffee pool Depot Thodupuzha under the control of the first accused and in pursuance of the said criminal conspiracy, accused forged receipts falsely showing the disbursement of supplementary payments to the coffee growers and misappropriated a sum of Rs.42,260.90/-.

4. All the above accused faced trial before the court below. On the side of the prosecution PW1 to PW20 were examined and Exts.P1 to P302 were marked. On the side of the accused Exts.D1 to D3 were marked. There was no defence evidence. On an evaluation of the entire evidence, learned Special Judge found all the accused guilty, convicted and sentenced them to undergo imprisonment for various periods. Aggrieved by the above conviction and sentence, the accused have preferred these appeals.

Crl.Appeal.Nos.583 of 2006 and 580 of 2006:

Both the criminal appeals arise from the judgment in C.C.No.36 of 1998 of the Special Judge (SPE/CBI)-II Ernakulam for offences punishable under secti