Bangalore District Court
Central Bureau Of Investigation vs K.S.Srinivasaiah on 27 November, 2017
IN THE COURT OF THE XLVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE AND SPECIAL JUDGE FOR CBI
CASES (CCH-47) AT BENGALURU
Dated this the 27th day of November, 2017.
PRESENT:
Smt. S.H.PUSHPANJALI DEVI, B.A. LL.B.,
XLVI Additional City Civil and Sessions Judge
and Special Judge for C.B.I. Cases,
Bengaluru.
SPECIAL CRIMINAL CASE No.500/2015
COMPLAINANT : Central Bureau of Investigation,
A.C.B., Bengaluru.
(By Public Prosecutor)
-VERSUS-
ACCUSED : K.S.Srinivasaiah,
S/o.Late Singaraiah,
Aged about 63 years,
the then Assistant Grade-I (Retired)
Employee No.116636,
Food Corporation of India,
Food Storage Depot,
Maddur.
r/o.No.404, 7th Cross,
Gandhi Nagar, Mandya Dist.
Karnataka.
2 Spl.C.C.No.500/2015
1. Date of Commission of : 30.4.2014
Offence
2. Date of Report of Offence : 30.1.2015
3. Date of Arrest of accused : 30.9.2015
4. Date of release of accused : 9.10.2015
on bail
5. Period of undergone in : For Nine days
custody
6. Name of the complainant : Source Information
7. Date of recording of : 6.9.2016
Evidence
8. Date of closing Evidence : 8.6.2017
9. Offences complained of : 409, 420, 468 and 201
IPC and Sec.13(2) r/w.13
(1)(c) & (d) of Prevention
of Corruption Act, 1988.
Charges framed : 409 and 201 of IPC and
Sec.13(2) r/w.13 (1)(c) &
(d) of Prevention of
Corruption Act, 1988.
10. Opinion of the Judge : As per final order
11. State/CBI represented by : Public Prosecutor
12. Accused defended by By Sri Venkataram, Adv.
(S.H.PUSHPANJALI DEVI)
XLVI Addl. City Civil and Sessions Judge
and Special Judge for C.B.I. Cases,
Bengaluru.
3 Spl.C.C.No.500/2015
JUDGMENT
This charge sheet is filed by the Inspector of Police, CBI/ACB/Bengaluru against the accused on the basis of source information for the offences punishable under Sections 409, 420, 468 and 201 IPC and Sec.13(2) r/w.13 (1)(c) & (d) of Prevention of Corruption Act, 1988.
2. The brief facts of the case of prosecution alleged against the accused K.S.Srinivasaiah, who was Assistant Grade-I (Depot), Food Corporation of India, Food Storage Depot (FSD), Maddur, Mandya District are that during the period from 16.5.2013 to 2.6.2014 as godown in-charge he has fraudulently and dishonestly with an intention to cheat, committed criminal breach of trust and abused his official position as public servant. During the above said period, he has illegally sold 350 bags of Rice weighing 17.5 M.T. from Food Corporation of India, Food Storage Depot, Maddur, as if it was genuine sale. Further he had also forged Truck Chits and other records, by overwriting and defacing the actual entries and used the same as genuine. He had also destroyed the evidence by striking off/defacing the 4 Spl.C.C.No.500/2015 relevant entries in the Gate Pass Register with an intention to screen himself from the legal punishment. Further, the accused by corrupt or illegal means to get pecuniary advantage, has abused his official position and illegally sold 350 bags of Rice to one Sri S.Anand, Managing Partner of Sree Madeshwra Rice Mill for Rs.1,75,000/- and made it as genuine sale by forging the Truck Chits and canceling actual entries in the Gate pass register and obtained pecuniary advantage for himself and caused loss of Rs.4,81,425/- to Food Corporation of India. Therefore, he has committed the offence punishable under Sections 409,420,468 and 201 IPC and Sec.13(2) r/w.13 (1)(c) & (d) of Prevention of Corruption Act, 1988.
3. The accused is retired from the Government Service on 31.5.2015. Therefore, the Investigating Officer has not obtained any Sanction to prosecute against the accused as required u/S.19 of the Prevention of Corruption Act, 1988.
4. After registering the case against the accused on 11.2.2015, Investigating Officer has sought for Search Warrant to search the residential premises of the accused for seizure of 5 Spl.C.C.No.500/2015 incriminating documents and other materials connected to the case. After perusing the materials placed by the Investigating Officer, the then learned Presiding Officer of this Court issued Search Warrant for searching residential premises of accused bearing No.404, 7th Cross, Gandhi Nagara, Mandya District and to seize documents and articles, if any, as prayed in the application. After receiving search warrant, Investigating Officer has conducted search in the house of accused and prepared search list and sought permission to retention of seized documents along with Warrant. Accordingly, the prayer made by the Investigating Officer was allowed and he was permitted to retain the documents mentioned in the requisition.
5. Afterwards, Investigating Officer has filed application u/S.93 of Cr.P.C. seeking Search Warrant to search premises of Sree Varasiddi Vinayaka Enterprises, Near Padmavathi Kalyana Mandapa, Bengaluru-Mysore Road, Shivpura, Maddur Taluk, Mandya District and residence-cum-office premises of C.D.Kuchela S/o.Shri Dasaiah, Kuppa Road, Maddur Taluk, Mandya District. After hearing the Investigating Officer, the then learned Presiding Officer has allowed to search the premises, as 6 Spl.C.C.No.500/2015 prayed in the application. After search and seizure of documents, permission sought by the Investigating Officer to retain six seized documents mentioned in the seizure list and he was permitted to retain those documents.
6. Thereafter, accused was produced through Investigating Officer on 30.9.2015 and he was remanded to Judicial Custody. Subsequently, after hearing on the bail application filed on his behalf, he was granted bail under certain conditions. The Investigating Officer has completed the investigation and filed the charge sheet for the offence punishable under sections 409, 420, 468 and 201 Indian Penal Code and Section 13(2) read with 13(1) (c) & (d) of Prevention of Corruption Act, 1988. The then learned Presiding Officer has taken cognizance for the offences against the accused and ordered to register Special Criminal Case.
7. After, copies of charge sheet furnished to the accused, heard arguments of both learned Public Prosecutor and learned Counsel for accused on H.B.C. Thereafter, it was ordered that materials placed on record are prima facie sufficient to frame 7 Spl.C.C.No.500/2015 charge. Hence, charges framed against accused only for the offence punishable under Sections 409 and 201 of IPC and Sec.13(2) r/w.13(1)(c) & (d) of Prevention of Corruption Act, 1988, read over and explained to the accused in language known to him, he pleaded not guilty and claimed to be tried.
8. The prosecution in proof of the case alleged against the accused, examined in total 31 witnesses as PWs.1 to 31 out of 33 witnesses, CWs.30 and 32 were given up by prosecution. The documents for prosecution side are marked as Exs.P1 to P112. The documents on behalf of accused in the cross- examination of prosecution witnesses are marked as Exs.D1 to D11 and document for consideration of Court is marked as Ex.C1 in the cross-examination of PW31. After closing evidence of prosecution, the incriminating circumstances in the evidence of prosecution witnesses read over and explained to the accused under Section 313 Cr.P.C. The accused has denied the entire evidence deposed by prosecution witnesses and has not chosen to lead any defence evidence on his behalf.
8 Spl.C.C.No.500/2015
9. Heard arguments of learned Public Prosecutor and learned Counsel for accused on merits.
10. The points that would arise for my consideration are :-
1) Whether the prosecution is able to prove that the accused while working as Assistant Grade-I (Depot), Food Corporation of India, Food Storage Depot, Maddur, Mandya District during the period from 16.5.2013 to 2.6.2014 has illegally sold 350 bags of Rice to one S.Anand, Managing Partner of a rice mill namely Sree Madeshwara Rice Mill of Pandavapura Taluk, Mandya District for Rs.1,75,000/- and thereby committed criminal breach of trust punishable u/S.409 of Indian penal Code?
2) Whether the prosecution is able to prove that during the said period the accused has caused disappearance of evidence in order to screen himself from the legal punishment 9 Spl.C.C.No.500/2015 has defaced the relevant entries in the Gate Pass Register maintained in Food Corporation of India, Food Storage Depot, Maddur and thereby committed offence punishable u/S.201 of Indian penal Code?
3) Whether the prosecution is able to prove that accused as public servant has
abused his official position as Government Servant and illegally sold 350 bags of Rice to S.Anand for an amount of Rs.1,75,000/, forging the Truck Chits and other records by overwriting and canceling the actual entries in the registers and obtained pecuniary advantage for himself, dishonestly misappropriated the amount and caused loss of Rs.4,81,425/- to Food Corporation of India and thereby committed criminal misconduct punishable under Sec.13(2) r/w.13(1)(c) &
(d) of Prevention of Corruption Act, 1988?
10 Spl.C.C.No.500/2015
4) What Order?
11. My findings on the above points are as follows:-
Point-1: In the Affirmative Point-2: In the Affirmative Point-3: In the Affirmative Point-4: As per final order for the following:-
REASONS
12. Point Nos.1 to 3:- The C.B.I. has made the allegation against the accused that during 16.5.2013 to 2.6.2014 while he was working as Assistant Grade-I (Depot), Food Corporation of India (FCI), Food Storage Depot (FSD), Maddur, Mandya District, abused his official position as a public servant, fraudulently and dishonestly with an intention to cheat, committed criminal breach of trust and illegally sold 350 bags of rice by forging truck chits and other records. It is further alleged that accused overwritten and cancelled the actual entries in the truck chits and destroyed evidence by striking off relevant entries in the gate pass register and obtained pecuniary consideration 11 Spl.C.C.No.500/2015 for himself and caused wrongful loss to Food Corporation of India, Maddur.
13. It is alleged that the accused being godown in-charge was directly and personally responsible for safety of all stocks, maintenance of all records in respect of stored stock in the godown, issue and receipt of stock in accordance with the allocations and instructions of the District Manager/Assistant Manger (Depot). The specific allegation made that on 30.4.2014 accused being the godown/shed incharge of the Food Corporation of India, Food Storage Depot, Maddur, has illegally sold 350 bags of rice weighing 17.5 MT to one S.Anand, Managing Partner of Shree Madeshwara Rice Mill, C.B.Halli Circle, Pandavapura Taluk, Mandya District, for an amount of Rs.1,75,000/-, received the said amount in cash and misappropriated it. The said sale was made as genuine sale through one M.R.Nagaraju alias Papanna, Staff in-charge of Sree Varasiddhivinayaka Enterprises, Maddur. Further, 350 bags of rice was transported by Driver Nagaraj in truck No.KL-11-C-8649 namely Nagaraj owned by above said S.Anand.
12 Spl.C.C.No.500/2015
14. The prosecution has further alleged that to conceal the sale of 350 bags of rice, accused struck off relevant entry of movement of the above truck at Sl.No.20 in the gate pass register of Food Corporation of India for the date 30.4.2014. He has forged relevant truck chit No.36337 relating to illegal sale of 350 bags of rice and changed the vehicle number by canceling the truck chit. He has forged the entries made in the quintuplicate copy of the truck chit by writing different vehicle number and cancelled it by way of overwriting. The specific allegation made by the prosecution against the accused that on 30.4.2014, though 8530 rice bags were released from Food Corporation of India, Food Storage Depot, Maddur, but the accused issued the work slip No.439 for only 8180 bags.
15. For all the above allegation made against accused strict proof of both oral and documentary evidence is required, as he was incharge of godown of Food Corporation of India, Food Storage Depot, Maddur as on 30.4.2014. The Court is to verify and scrutiny the oral and documentary evidence produced by the prosecution in detail and careful manner. For proper conclusion it is to be verified the method of loading food grain 13 Spl.C.C.No.500/2015 from Food Corporation of India, Maddur along with entries made in the concerned registers as deposed by the official witnesses of Food Corporation of India, Maddur.
16. PW1 - Rahul Chaudhary, Manager during 2014 in the Food Corporation of India, Food Storage Depot, Maddur has deposed that the food grain come in rakes through train and will be loaded by contractors in trucks. Thereafter, trucks will come to the depot, where a watchman used to receive the truck chit from the truck driver and after verifying the name of the driver, truck number and number of food grain loaded in the truck, the truck used to allow inside by making entry in the gate pass register. Thereafter truck will go to weighbridge for weighment and computerized truck chit will be generated through computer, afterwards truck will go to the godown for loading food grain bags. He has clearly stated about the manner of allotment of food grain as per the demand of the State Government. The District office or any authorized office used to generate release order to the concerned Public Distribution System nominees, thereafter, the original copy of the release order given to the Manager (Depot), afterwards issue of quantity of food grain 14 Spl.C.C.No.500/2015 marked by the Manager. Then, all trucks used to go to weighbridge, where the weighbridge in-charge use to weigh the empty trucks and allowed inside. After trucks went inside the shed, the labourers as per the instructions of shed in-charge used to load the food grain.
17. PW1 has further stated that on 30.4.2014, the accused K.S.Srinivasaiah was shed in-charge of Food Corporation of India, Food Storage Depot, Maddur, and there was No Work No Pay (NWNP) labour system in Food Corporation of India. It was headed by three man committee by Anandan and others Thangavelu and Kuppaswamy carried out their work of loading and unloading of food grain. He has clearly stated about the information received from the said Anandan about the work slips issued for 350 food grain bags on 30.4.2014.Thereafter, he has verified weighbridge register, Gate pass register and found one entry was erased and also total number of bags were reduced. After verifying with accused, the shed in-charge was made known that he himself had erased entry on the ground of double entry in the Gate pass register. However, truck chit book was not produced by the accused even though PW1 demanded for 15 Spl.C.C.No.500/2015 production of the same. After coming to know about illegal transportation of 350 bags, for which no entry and account shown in the concerned register, he informed the same to Area Manager. Thereafter committee was formed consisting of three officials to enquire the matter through investigation. He has clearly deposed about admission made by the accused, that disputed entry erased by him in the Gate pass register.
18. PW1 has identified the documents marked as Exs.P1 to P39. The weighbridge register Ex.P1 does not disclose the number of the disputed lorry, through which 350 bags of rice loaded and transported for illegal sale. The Gate pass register maintained in Food Corporation of India, Maddur for outgoing stock from 11.2.2014 to 16.2.2015 marked as Ex.P2. The original truck chit Sl.No.36337 marked as Ex.P4 and the carbon copy of the same marked as Ex.P3(a), Exs.P5 and P6. The important document is Ex.P7, contains original truck chits from Sl.Nos.36318 to 36336 and from Sl.Nos.36338 to 36341 for the date 30.4.2014. The Godown stack register, work slips, Labour attendance register, Staff attendance register marked as Exs.P8 to P11. The original work slip dated 30.4.2014 is issued by the 16 Spl.C.C.No.500/2015 accused as Shed in-charge discloses in detail 8180 bags were removed from the stack and loaded by NWNP labourers. The Xerox copy of the Attendance register enclosed to the said register discloses about number of the labourers loaded the said rice bags in the lorries.
19. PW1 has clearly stated the Labour attendance register Ex.P10 compared with the work slip Ex.P12 and found total number of food grain bags handled by the labourers noted excess of 340 bags. The relevant entries in the Ex.P10 are marked as Ex.P10(a) to (h). The Office Opening/Closing/Home Guard attendance register Ex.P13, Ex.P14 to Ex.P18 are the copies of different Release Orders issued by Manager, Food Storage Depot, Maddur, under different dates, in respect of commodities released on different dates. He has reported the dubious entry made by the accused in the register to Area Manager through letter dated 20.5.2014 marked as Ex.P19. The information given to AGM dated 30.5.2014 regarding striking of gate pass entry by the accused and original truck chit not issued by him in spite of issuance of memo marked as Ex.P20. The copy of the order dated 2.6.2014 passed by General Manager, 17 Spl.C.C.No.500/2015 relating to disciplinary proceedings initiated against the accused for alleged misappropriation of 350 bags of raw rice on 30.4.2014 is marked as Ex.P21. He has further identified the daily statement of issue register Ex.P22, Census of declaration of stacks as on 31.3.2014, 10.6.2014 and 30.6.2014 are marked as Exs.P24 to 26. Godown stack ledger shed-1 of Food Corporation of India, from 20.4.2014 till 3.3.2015 are marked as Exs.P27 to 30. The registers identified by him under Ex.P31 to Ex.P36 are relating to godown stock register gunny register and priority register for different periods from 10.4.2014, 21.3.2011, 17.7.2013, 1.4.2014, March-2013 and for 2014-15 respectively. The attested copy of the master ledger identified as Ex.P37 and the statements showing operational and storage loss and regularization of proposals marked as Ex.P38 and his signature as Ex.P38(a). The copy of the memo dated 23.5.2014 issued to the accused marked as Ex.p39 bears the signature of PW1 marked as Ex.P39(a) and signature of accused also identified and marked as Ex.P39(b).
20. It is made out from the evidence of PW1 that he was on C.L. for 8 days from 1.5.2014 to 8.5.2014, therefore would 18 Spl.C.C.No.500/2015 not have tallied the account as on 30.4.2014 as he was in hurry to leave to his native place, the same has been made out from Ex.P19. In further evidence PW1 has stated that since accused after admitting the erased entry in the Gate pass register, failed to produce the truck chit book in spite of issuance of memo, the matter was reported to Area Manger.
21. In the cross-examination he has admitted that Area Manager is to release the order for release of goods in Food Corporation of India. He has also admitted that godown keeper will verify the release order, afterwards person who brought the release order will approach contractor. Thereafter, contractor will be allowed to bring trucks inside the gate, where the details of truck number, name of the driver entered in the main gate pass register. According to PW1, one B.S.Maria was gate keeper at the relevant point of time. After entering the above details, empty lorry was to be weighed in the weighbridge and noted in the weighbridge register, where one Sundarmurthy was in- charge as on 30.4.2014.
19 Spl.C.C.No.500/2015
22. PW1 has categorically admitted that truck chit will be generated by the weighbridge in-charge and the lorry number, weight of the empty lorry, number of the lorry and release order entered in the truck chit. At this stage, it is to be pointed out that the disputed truck chit Sl.No.36337 marked as Ex.P4 and its carbon copies Exs.P3(a), 5 and 6 shows the name of the driver is Ravi, Truck No.KL-11 8850 with 350 bags loaded on 30.4.2014 under release order No.7203. The original of the said truck chit marked as Ex.P4 contains many over writings in the column of Reg. number of vehicle entered, Owner's name, Total number of weight loaded in the truck.
23. The Gate pass register Ex.P2 contains erased portion at Sl.No.20 page 62 marked as Ex.P2(a). PW1 has clearly stated that the said erased portion is admitted by accused and Ex.P2(b) is the initial signature of accused. He has further admitted that Ex.P3 is in the handwriting of one Sundarmurthy, which was generated in the weighbridge and it was in his custody as on 2.5.2014. Further he has admitted that main Gate keeper has to count the food grain bags and it will be entered in the main Gate pass register Ex.P2. Accordingly, it is also found that particulars 20 Spl.C.C.No.500/2015 of Ex.P3(a) are not entered in both the registers Exs.P1 and P2 and truck chit Sl.No.36337 is missing in both the registers.
24. It is verified from the records that since PW1 was on leave from 1.5.2014 to 8.5.2014, he does not know about verification of both registers Exs.P1 and P2 by the in-charge Manager, Ravi. However, PW1 has admitted in the statement given before the CBI that he did not find any discrepancy as on 30.6.2014. The relevant portions of his statement confronted to him in the cross-examination and marked as Exs.D3 and D4. Ex.D3 shows that during physical verification as on 30.6.2014, the book balance and the physical verification balance tallied with each other. Likewise, Ex.D4 contains the statement that during the physical verification as on 31.3.2014, the book balance and the physical verification balance tallied with each other. However, PW1 has also stated that the concerned officials of Food Corporation of India, Food Storage Depot were used to make entries in the Ex.P1 weighbridge register, Ex.P2 Gate pass register, whenever any empty vehicle entered inside the gate. 21 Spl.C.C.No.500/2015
25. The important evidence elicited from PW1 that as on 30.4.2014, P.W.7 - B.S.Mariya was working as Jamedar in Food Corporation of India, Maddur was gate in-charge. He has deposed that his duty was to allow the truck inside the Food Corporation of India depot and allow some trucks to go out with loading rice. He was checking the vehicles as to numbers mentioned in the truck chit with actual number of the vehicle and also rice bags loaded in the truck. His duty was to enter truck chit number in the Gate pass register. According to him, on 30.4.2014 when he was Gate in-charge in Food Corporation of India, Maddur, made entries in the Gate pass register at relevant page No.62 and has admitted the particulars entered are in his handwriting. However, he has deposed that he went on leave on 1st and 2nd May-2014 and returned Office on 3.5.2014. At that time, noticed the entry made by him at Sl.No.20 dated 30.4.2014 in the Gate pass register was defaced and the same identified as Ex.P2(a). However, the correction portion identified by him at page No.63 marked as Ex.P2(c). After questioning the accused about correction, made known that same was done by the accused since there was some mistake. The carbon copies of the truck chit No.36337 dated 30.4.2014 marked as Exs.3(a), 5 22 Spl.C.C.No.500/2015 and 6 were identified by him and clearly stated there were no corrections in those truck chits while he allowed the disputed truck inside the gate. Further, relevant Attendance entry register Ex.P11 bears his signature marked as Ex.P11(a). The report submitted by him identified as Ex.P51 also bears his signature marked as Ex.P51(a). He has denied in the cross-examination that corrections in page No.62 and 63 as per Ex.P2(a) and (c) were made by him and affirmed about corrections not made in Ex.P4 to 6. The evidence deposed by PW7 affirming corrections made by accused in Gate pass register and truck chits is supported by explanation given by the accused himself marked as Ex.P53. In the said explanation, the accused has admitted that the truck chit No.36337 had been tampered by him due to wrong mentioning of the truck number in the Gate pass register.
26. The evidence of PW11 - B.S.Sundaramurthy, working as Assistant Grade-III in Food Corporation of India, Maddur proves that he was weighbridge in-charge in 2014 and he was also assistant to the accused during the said period. He has admitted the contents of Exs.P4 to P6 written by him on 30.4.2014 and stated that the accused himself had cancelled the 23 Spl.C.C.No.500/2015 entry in the Gate pass register and truck chits, subsequent to 30.4.2014. According to him, he had kept the truck chit book on his table on 30.4.2014 and did not make any entry relating to Exs.P4 to 6 in Ex.P1, since those truck chits were not available in the truck chit book. He has identified the signature of accused in the erased portion in Gate pass register Ex.P2(a) marked as Ex.P2(b). He has clearly stated that accused himself has erased the said portion as admitted by him and also put his initial signature after defacing the portion as per Ex.P2(b). He has further stated about labourers in gang wise loaded food grain and number of loaded bags entered by him in the attendance register Ex.P10. The copies of the attendance register, in which details of gang wise labourers, loaded bags mentioned are enclosed with Ex.P12. The weighbridge slips generated on 30.4.2014 during different time confronted to him in the cross- examination and marked as Ex.D7 to D10. Those weighbridge slips contains Sl.No., Food grain, Vehicle number, Gross weight with material weight and number of bags loaded in the lorry numbers KA 19 7904 and KA 04 2566.
24 Spl.C.C.No.500/2015
27. However, the important evidence deposed by PW11 that as on 30.4.2014 while he was weighbridge in-charge, during lunch hour had been to lunch, at that time during his absence, the disputed entry made in truck chits and he reported the same to that effect as per the letter dated 30.5.2014 marked as Ex.P52 and his signature is marked as Ex.P52(a). In the said letter, he has clearly stated about entry cancelled by the accused on the ground there was double entry in the truck chit book. He has also stated about the information dated 30.5.2014 given by the accused under Ex.P53 with respect to wrong entry found in the truck chit book relating to truck chit No.36337, which was alleged to be corrected by way of tampering the said truck chit.
28. The proof of loading of disputed 350 bags of rice in the lorry by NWNP workers as on 30.4.2014 is elicited from the evidence of Committee members of labourers, who are examined as PWs.2, 5 and 6. All the said witnesses have deposed that on 30.4.2014 food grain bags were loaded in total 23 trucks, particularly 350 bags of food grain loaded in the lorry, for which loading charges not received by them. After tallying with the register, PW2 - Anandan, has found Daily Statement Issuance 25 Spl.C.C.No.500/2015 (DSI) was not issued for 23 truck and for issued only 22 trucks. PW.5 - Thangavelu being another Committee member also stated that when he enquired with accused for not being received loading charges of 350 bags of food grain, accused assured him to set right the difference in the amount in the month of December-2014. Likewise, PW6 - Kuppaswamy also stated about Work slip, Daily statement receipt, Daily statement receipt, Daily statement issuance and Attendance register extract issued by accused both for 22 trucks and the truck in which loaded 350 bags was missing in the slip maintained by them. Subsequently all of them gave the letter regarding 350 bags loaded through the labourers and the same is marked as Ex.P50, their signatures are marked as Ex.P50(a) to (e).
29. In the cross-examination of PW2, the statement given to CBI contained portion of Thangavelu, approached PW1 and informed about shortage of 350 bags and Sundaramurthy told him that it was not 350 bags but 340 bags only. The said portions are admitted and marked as Exs.D6 and D6(a). Likewise the portions of the statements given by PW5 - Thangavelu relating to work slip No.439 dated 30.4.2014 26 Spl.C.C.No.500/2015 received during 1st week of May-2014 and copy of Labour attendance register from Food Corporation of India office, found only 8180 bags were recorded as loaded by labourers even though they have loaded 8530 bags. At that time, the in-charge Manager Ravi was made known about the same is admitted and said portion marked as Ex.D5. Another portion containing that after some time accused told the Manager Ravi that he had written the correct number is marked as Ex.D5(a).
30. The prosecution has placed important evidence relating to illegal sale of 350 bags of rice by the accused by examining the witness M.R.Nagaraju @ Papanna as PW17. He has clearly stated about the approach made by accused to get the buyer for purchasing 350 bags of rice. The said witness has further deposed he being staff of Sri Varasiddi Vinayaka Enterprises, Maddur used to visit Food Corporation of India, Maddur for loading rice frequently. However, accused prior to 3 days from 30.4.2014 approached him when he went to load rice, asked him to get the buyer of load of 350 bags of rice. Afterwards, he informed him that a driver namely Nagaraj told that after consulting his owner Anand, he is ready to purchase 27 Spl.C.C.No.500/2015 the rice at Rs.10/- per K.G. Afterwards the accused agreed for the same and the lorry bearing No.KL-11/C-8649 was allowed to enter into the godown on 30.4.2014, in which loaded 350 bags of rice. On the same day, PW17 has paid the cash of Rs.1,75,000/- to the accused, which was given by the above said driver Nagaraj. He has identified his handwriting in loading statement marked as Ex.P58 and his signature as Ex.P58(a). He has clearly stated that he himself entered the lorry number in the said document as KA-17/1432 by striking out No.KL-11/C-8649. He has further deposed about the entry made relating to lorry No.KL-11/C-8649 corrected by mentioning lorry No.KA-17/1432. The loading expenditure charges details book pertaining to Sridevi Transport, Shivapura, identified as Ex.P60 and carbon copies of the Sl.Nos.1785 and 1786 marked as Exs.P60(a) and
(b).
31. PW17 though partly turned hostile, in the cross- examination by the learned Public Prosecutor, he has admitted the statement given under Section 164(5) Cr.P.C. before 17th ACMM, Bengaluru and also the accused after receiving Rs.1,75,000/- out of the same gave him Rs.5,000/- and the said 28 Spl.C.C.No.500/2015 total amount of Rs.1,75,000/- was paid by driver Nagaraj. In the cross-examination by learned Counsel for accused he has affirmed same regarding lorry driver Nagaraj gave cash of Rs.1,75,000/-, afterwards the said cash was paid to the accused, out of which, he has paid Rs.5,000/- to him. Therefore, the evidence of PW17 deposed regarding amount of Rs.1,75,000/- paid to accused and after receiving the same in turn accused paid Rs.5,000/- proves the illegal sale of 350 bags of rice by the accused to a private person.
32. The evidence of PW17 is corroborated with the evidence of PW19 and 20. PW19 - Nagaraja, the lorry driver working under one Ananda, owner of Mahadeshwara Rice Mill, situated at Talashasana, who is having lorry bearing No.KL-11/C- 8649 and Tempo bearing No.KA-11/1742. He has deposed that one Papanna, that is, PW17 called him over phone and asked about whether he is interested to buy rice from Food Corporation of India, Maddur. Thereafter, he has consulted with the owner Ananda and disclosed about buying of the rice in Food Corporation of India godown. However, after his owner Ananda informed that if no problem in buying the rice from Food 29 Spl.C.C.No.500/2015 Corporation of India godown, he will ready to buy the rice at Rs.10/- per K.G. The same information given by him to PW17, thereafter, his owner Ananda paid Rs.1,75,000/-, which was given to PW17, afterwards he has paid the same to accused. The said evidence is affirmed by him is however, not denied or discarded in the cross-examination.
33. PW19 has further deposed that after taking lorry No. KL-11/C-8649 into Food Corporation of India godown, Maddur, it was allowed inside and 350 bags of rice loaded into the lorry there, thereafter he took lorry to the godown gate and put his signature as 'Naga' in kannada language in Gate pass register Ex.P2 and the same is marked as Ex.P2(d), found at Sl.No.20 of page No.62. His statement given under Section 164(5) Cr.P.C. marked as Ex.P.61 and his signatures are Ex.P61(a) and (b). In the cross-examination he has admitted that after parking lorry near bus stand, Maddur, he was used to visit hotel for taking tea, where he came into contact with PW17 - M.A.Nagaraj. Further, the questions put with regard to denomination of currency notes will not make much difference as this witness clearly stated about amount of Rs.1,75,000/- handed over to Papanna @ 30 Spl.C.C.No.500/2015 M.R.Nagaraj outside the Food Corporation of India godown, Maddur. He has also affirmed that lorry was not weighed in the weighbridge. Therefore, it can be presumed that no entry made regarding weighing of the empty truck in weighbridge register Ex.P1. The signature put by him in the Gate pass register is affirmed and he has not seen the entry defaced at the time of putting his signature. Therefore it implies subsequently the same portion would have been erased by the accused as admitted by him. However, nothing elicited in his cross- examination relating to non-transportation of 350 bags of rice from Food Corporation of India, Maddur as on 30.4.2014.
34. The evidence of PW19 is supported by his owner S.Anand, who is examined as PW20. He being Managing partner of Mahadeshwara Rice Mill in Chikkabyadarahalli circle, Pandavapura Taluk, has stated about purchasing of paddy and rice and selling the same to wholesalers. He is also stated about Tempo No.KA-11/1742 and Lorry No.KL-11/C-8649 owned by him. He is also deposed about PW19 Nagaraj was working as driver during the relevant point of time and he is acquainted with his signature. Likewise, PW17 M.R.Nagaraja @ Papanna is also 31 Spl.C.C.No.500/2015 known to him, who was working as Assistant in Sri Varasiddivinayaka Enterprises. He has deposed in corroboration with the evidence of PWs.17 and 19 with regard to proposal given by accused to get buyer for 350 bags of rice with PW17, thereafter, he was informed by PW19 and agreed to buy the rice at Rs.10/- per K.G. He has deposed similarly in support of the evidence of PW17 and PW19 and identified the signature of his driver - Nagaraja in Gate pass register marked as Ex.P2(d). The statement given before the Court under Section 164(5) Cr.P.C. is marked as Ex.P62 and signatures marked as Exs.P62(a) and (b). In the cross-examination nothing disputed regarding his ownership of lorry No.KL-11/C-8649 which was said to be purchased 7-8 years back prior to the incident and also amount of Rs.1,75,000/- handed over to his driver Nagaraj.
35. PW24 - R.Ravi - Manager (Quality Control) in Food Corporation of India, Maddur has stated that the accused was in- charge of 3 godowns, Food Corporation of India, Maddur, during 2014. He was on tour as on 30.4.2014 and reported to duty on 2.5.2014, after completing his official tour. He made in-charge of Manager, Food Corporation of India, Maddur, since PW1 was 32 Spl.C.C.No.500/2015 on leave from 1.5.2014 to 8.5.2014. On 5.5.2014, he was made known from PWs.2, 5 and 6 that NWNP labourers have loaded 8530 bags as per the work slip, but only 8180 bags mentioned in the work slip dated 30.4.2014. Thereafter, he was enquired with the accused and verified check list, daily issue register, on verification of records he found only 8180 bags were loaded. After return of regular Manager PW1, on 9.5.2014, he was made known about total bags loaded by labourers on 30.4.2014 and number of bags mentioned in the work slip. However, the work slip of Food Corporation of India prepared by the accused under Ex.P12 dated 30.4.2014, bears the signature of accused as shed in-charge identified by him marked as Ex.P12(a) and signature of this witness marked as Ex.P12(b). The consolidated master ledger extract produced marked as Ex.P63. The date- wise earned per labour for the month of April-2014 marked as Ex.P64. The priority register prepared from March-2013 to February-2015 marked as Ex.P35 bears his signature marked as Ex.P35(a) and (b). He has denied for the suggestion that no information given to accused regarding issuance of food grain on priority. The evidence of this witness is clear about food grain released on the basis of priority and difference in the work slip 33 Spl.C.C.No.500/2015 prepared by accused when compared to the entry made in the relevant register.
36. It is verified from the records that the enquiry had been ordered to be conducted relating to the illegal release of 350 bags of rice from Food Corporation of India, Food Storage Depot, Maddur, by the accused on 30.4.2014. After receiving the information of the said illegal transportation, the Area Manager - S.K.Vijayan, has directed PWs.8, 9 and 18 to conduct enquiry. The said Area Manger S.K.Vijayan as P.W.10 deposed regarding letter dated 24.5.2014 sent by PW1, the then Manager, Food Corporation of India, Maddur received by him. Afterwards he had come to know about dubious entry made by accused in the relevant registers of Food Corporation of India relating to illegal transportation of 350 bags of rice. Therefore, he sent committee for enquiry in respect of the said discrepancies made by the accused. After enquiry, the report submitted by enquiry committee consisting of Manager (Vigilance), Manager (Movement) and General Manager. The said report is identified and marked Ex.P54. He has stated about the allegation made against accused who was working as Assistant Grade-I (Depot) in 34 Spl.C.C.No.500/2015 Maddur, for not maintaining proper accounts. He had seen the Attendance register for the period January-2014 to February- 2015 and confirmed that accused was on duty as on 30.4.2014. He has also deposed about verification in number of gunny bags taken and release of gunny bags found in the stacks register as per Exs.P24 to P26. According to him, the committee members during the investigation, after conducting physical verification of stock on 10.6.2014, found 17 bags short in rice. In the cross- examination he has admitted that no Assistants were provided to accused at the relevant point of time and the Assistant Grade-I official was to handle only 5000 tons of grain stock.
37. PW10 has further admitted that normally procedure followed whenever empty lorry entered at the Gate and after weighing in the weighbridge it will go to godown and prior to that truck chit will be generated at lorry weighbridge. He has admitted that no lorry was to allow inside without entry in the lorry weighbridge register and Gate pass register, likewise, no lorry will go outside without entry. He has denied that due to pressure of work accused has not maintained gunny bag register and the stacks were found intact during the inspection on 35 Spl.C.C.No.500/2015 30.6.2014. However, the admission made by him that no complaints against accused received during his service except the present incident will not prove the innocence of accused. The suggestion put to him regarding false enquiry has been conducted against accused even though no misappropriation by him is not supported by any materials.
38. The witness PW8 - R.Bindu Madhav Rao, is another member of the committee formed by Area Manager to conduct investigation as to the illegal release of 350 bags of rice from the godown on 30.4.2014. He has deposed about verification of Gate pass register, truck chit and other documents along with report given by PW7 - B.S.Mariya, as per Ex.P51. The report given by PW11 Sundara Murthy identified and marked as Ex.P52 and letter given by accused admitting about he himself tampered the truck chit and erased the relevant portion in Gate pass register marked as Ex.P53. Though it is argued by the learned Counsel for accused that no statement of accused produced by the prosecution, the information given under letter Ex.P53 itself shows that accused himself tampered the entry in Gate pass register marked as Ex.P2(a). The clear admission by the accused 36 Spl.C.C.No.500/2015 in writing discloses that the defaced entry relating to illegal transportation of 350 bags of rice on 30.4.2014 infers about his dishonest intention to do illegal transaction of selling food grain to a private person.
39. However, according to PW8, the truck chit book pertaining to relevant entry has been produced by the accused as per Ex.P3. After verifying the same, the committee members found that the cancellation, different handwriting, pink colour sheet was missing and correction made in the truck chit No.36337 marked as Ex.P3(a). He along with other members of committee enquired with the accused regarding cancellation and correction in the said document, for which the accused gave oral explanation as due to double entry, he himself made the said corrections. However, though the accused at the initial stage has shown ignorance about correction made in Gate pass register Ex.P2, subsequently admitted the same and gave the reason differently in Ex.P53. The Godown register relating to gunny bags also verified during the enquiry and found difference in 20 quintals of rice scattered in the godown which was not tallying with the register. He gave report as per Ex.P54 to the Area 37 Spl.C.C.No.500/2015 Manager and identified signatures of all the team members marked as Ex.P54(a) to (c). He has clearly stated that some misappropriation taken place by the accused by tampering entries in the documents. He is very particular that accused was the in-charge of concerned godown as on 30.4.2014, when 350 bags of rice were released from the godown and also the cancellation of the truck chit relating to 350 bags of rice.
40. PW8 in the cross-examination has admitted that there were 5 copies of truck chit and Ex.P3 is the 5th copy. It is also admitted that during the enquiry, accused himself placed Ex.P3 and not produced other copies of truck chits. But he do not know other copies of truck chits were in the custody of PW11. However, the witness has denied for the suggestion that accused never defaced entry in Ex.P2 and no misappropriation of 350 bags of rice from Food Corporation of India, Maddur by accused. Though he has admitted that as per the directions of PW18 - B.Nagendra Prasad they have conducted the investigation, only on the said admission, it cannot be said that a false case created by them against the accused, without any proper documents. Because the important concerned registers were tallied with 38 Spl.C.C.No.500/2015 disputed truck chit during enquiry and found the discrepancies made by the accused.
41. Another committee member of enquiry S.Tulasiram is examined as PW9. He has also deposed about he along with other members visited Food Corporation of India, Maddur on 30.5.2014 for conducting enquiry. During enquiry he had come to know about misappropriation of 350 bags of rice by the accused. He has further deposed that accused was shed in- charge on 30.4.2014 and the truck chit was cancelled by him by tampering entry in the Gate register. The same has been made out during the investigation and he along with other committee members come to conclusion that it was done by the accused only. He has particularly deposed about the cancelled truck chit was relating to 350 bags of rice. Further, during enquiry after inspecting 3 sheds in the godown, some discrepancies of stocks were found, when compared to the accounts. The accused himself has admitted before all the committee members that he himself has tampered the entry Ex.P2 and cancelled truck chit. After enquiry, report given under Ex.P54 and he has identified his 39 Spl.C.C.No.500/2015 signature as Ex.P54(b). He has also identified the weighbridge register, Gate pass register, truck chit book inspected during enquiry.
42. PW9 in the cross-examination has admitted that PW18 Nagendra Prasad was enquiring the employees of Food Corporation of India, PW11, NWNP workers and others, at that time, he was sitting in the Manager chamber. However, the said evidence cannot be ignored since he being one of the enquiry committee member should have verifying other registers in the chamber of Manager. Therefore, his absence during the period of enquiring staff and others by PW18 will not disprove the case of prosecution. Moreover, he has categorically stated about stack register of gunny bags checked by all of them, though no physical verification of stacks conducted by the enquiry committee members in Food Corporation of India, Maddur, from 30.4.2014 till 30.5.2014.
43. Another member of enquiry committee is PW18 - B.Nagendra Prasad, being AGM (Quality Control), Food Corporation of India, Regional Office, Bengaluru, was aware of 40 Spl.C.C.No.500/2015 procedures relating to issuance of food grain to the State Government in Public Distribution System. He has also deposed about the procedure followed whenever empty lorry entered into gate and after loading of food grain on the basis of truck chit issued along with release order by the Manager. He along with PWs.8 and 9 has conducted investigation with regard to illegal transportation of 350 bags of rice bags from Food Corporation of India, Maddur during the tenure of accused as in-charge of godown. He has identified investigation report submitted under Ex.P54 bears his signature marked as Ex.P54(c). He has further deposed that while verifying the Gate pass register Ex.P2, found correction at page No.62 Sl.No.20, which was defaced. The truck chit book handed over by the accused also verified with the disputed truck chit bearing No.36337, which was cancelled and 5th copy of the said truck chit not found during verification. He has clearly stated that the original truck chit with carbon copies of the same marked as Ex.P4, 3(a),5 and 6 were handed over by the accused including the truck chit deposited at the gate. The weighbridge register verified with the food grains recorded in the truck chit Ex.P4 and carbon copies Exs.P3(a), 5 and 6, not found any load of 350 bags in weighbridge register.
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44. Further, PW7 - B.S.Mariya, Jamedar, who was gate in-charge as on the date of incident was also enquired and he gave statement as per Ex.P51. In the said statement he has clearly stated about entry made in Sl.No.20 at page No.62 of Ex.P2 Gate pass register and after making said entry he was allowed the truck to go outside. He has clearly stated in the statement that he did not know who has erased the portion written by him. PW18 has further deposed about physical verification of bags in the godown and summary of finding of investigation submitted as per Ex.P59 and his signature is marked as Ex.P59(a). In the cross-examination nothing elicited regarding investigation conducted by him along with other committee members as per the direction of Area Manager.
45. It is also elicited that the manner of investigation conducted by all the 3 members of the committee by way of questioning the officials who were in-charge of weighbridge and gate as on 30.4.2014. He has clearly stated about on the basis of Gate pass register, truck chit book, gunny register and other depot records along with statement of witnesses recorded during 42 Spl.C.C.No.500/2015 the investigation has come to conclusion that 350 bags of rice was illegally sold by the accused and the consideration amount was misappropriated by him. He has admitted that as on 30.4.2014 there were many trucks loaded with 350 bags of different weights of food grain. He has also admitted that storage loss and transit loss will be counted during loading and unloading of food grain. Further admitted that accused was discharged from the charges found by Disciplinary Authority. However, only on the ground that he was discharged from the allegation made by the Disciplinary Authority, without any proper explanation and documents, it cannot be said that there was no transportation of 350 bags of rice illegally and the amount received not misappropriated by the accused. Because, as per the report given by the enquiry committee, all the documents maintained in Food Corporation of India, Maddur, had been thoroughly verified and the officials were also enquired properly. Subsequently, they come to conclusion that illegal transportation of 350 bags of rice which was sold to a private person illegally and the amount received from the said sale had been misappropriated by the accused.
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46. The important evidence placed by prosecution through expert with FSL report will establish that the defaced entry bears signature, Number of lorry, driver and 350 bags rice loaded by the labourers. PW25 - R.B.Bhosale, Scientist, has deposed about the documents examined by him in the laboratory and gave his report as per Ex.P65 and 65(a). He has identified the questioned document and examined disputed entry marked as Q1 in Ex.P2 as Ex.P2(a). He has examined the erased portion Ex.P2(a) by using scientific equipments, such as, microscope, video spectral comparator-5000 and video spectral comparator- 2000. The opinion expressed by him along with one K.V.Ravi Kumar, Assistant Director and Scientist 'C' (DOC) who has put his signature and the said opinion is marked as Ex.P65(a). The opinion given by the examiner of disputed document which is the erased portion Ex.P2(a) is very clear stated as "The Truck number 8649, Name of the Driver - Ravi, Truck Chit No.36337, No. of bags - 350, Quantity - 16.737, Name of Allottee/Party - RAPCMS, Name of Station - Mandya, Time of arrival - 11.30, Time of Exit - 1.00." Therefore, it can be clearly said that the erased portion Ex.P2(a) contained writings of the truck No.8649, owned by PW20 - Anand, which was taken 44 Spl.C.C.No.500/2015 by the driver PW19 - Nagaraju, who had put his signature as "£ÁUÀ" and the same identified by him marked as Ex.P2(d). Therefore, it clearly implies that as on the date of 30.4.2014, the said vehicle had been passed through Gate, where details of the name of the driver, number of the vehicle, truck chit number with loaded bags were mentioned along with specific timings of its arrival and exit. It is made out from the evidence of official witnesses PW1, PW7 and PW11 that the accused had himself admitted he has erased the portion Ex.P2(a), due to double entry when he was questioned by the Manager, subsequent to 30.4.2014. However, the reason for erasing the said portion as per the say of accused was due to double entry, but no double entry relating to the same vehicle is found in Ex.P2, the Gate pass register. The important aspect made out that the disputed truck chit No.36337 is not mentioned in the said register, whereas the same truck chit issued by the accused showing different vehicle number, making over writings and corrections. The corrections made in the truck chits Ex.P3(a), 4 to 6 are visible to bare eyes, on which the opinion also given by him. He 45 Spl.C.C.No.500/2015 had also given opinion on disputed entry Ex.P2(a), report under Ex.P65 and opinion under Ex.P65(a).
47. Further, the specimen handwriting and signatures of PW11 marked as S1 to S28 are relating to truck chits Exs.P4 to P6 sent to FSL as per Ex.P67 and specimen handwriting/signature of accused sent under Ex.P68 from S29 to S38 also examined by the Scientific Officer and gave supplementary opinion by PW25. He has clearly stated that the same person wrote writings shown at S1 to S28 and A1 to A5 marked as Q2, similarly Q5 is not carbon copy of the corresponding writing stamped and marked as Q2. Reference opinion given by him marked as Ex.P70 with specimen signatures of M.R.Nagaraj between S39 and S53. The FSL report Ex.P73 discloses the examination of documents Q1 to Q10, S1 to S53 and A1 to A5. The signatures of M.R.Nagaraj, shown as S44 to S53 has written the disputed writings in Ex.P58 and his signature Ex.P58(a) shown as Q7 and Q8. The questioned signature of accused in Ex.P2(a) shown as Q6.
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48. The evidence of both the independent and official witnesses corroborated each other, which is supported by F.S.L. reports submitted as per Exs.P65,65(a),70 and 70(a) respectively. According to the said reports the disputed writings and signature were verified and opinion formed as to Q1 the signature of PW19 - Nagaraja marked as Ex.P2(d), which is not disputed. The original truck chit No.36337 with some corrections in vehicle No.KL-11-C-8649 which was overwritten as 8850 and also the total amount was overwritten containing other portion marked as Ex.P2(c). Further, Q2 is the overwriting of vehicle number 8850 found in Ex.P4 compared along with carbon copy of truck chit No.36337 marked as Q3 to Q5. The initial signature of accused in Ex.P2(a) marked as Ex.P2(b) shown as Q6 also verified and found correct. Further according to PW25, the written portion insertion of lorry No. KA-11/1742 in the place of lorry No.KL 11 C-8649, which was struck off relating to 350 bags of food grain marked as Q7 in Ex.P58 compared with signature of Nagaraj Ex.P58(a) shown as Q8 was also compared with the carbon copy of Ex.P58 which is similar to Q7 shown as Q9 and signature of Nagaraj shown as Q10. The admitted signatures of PW11 - Sundara Murthy in Ex.P69 shown as A1 to A5 also 47 Spl.C.C.No.500/2015 compared with other disputed writings while giving report by the Scientific Officer.
49. Therefore, the above discussed oral and documentary evidence clearly establish that accused being Assistant Grade-I (Depot), who was in-charge of godown, Food Corporation of India, Maddur, on 30.4.2014 made illegal transportation of 350 bags of rice bags in lorry No. KL 11 C-8649. Though the said lorry number mentioned in Ex.P2 as per Ex.P2(a), subsequently erased by him in the Gate pass register, for which the accused has failed to prove that since there was double entry, he has erased the said portion. Because the evidence of PW7 clearly establish that he himself made entry at Sl.No.20 at page No.62 of Ex.P2 as on 30.4.2014, and he had come to know about said portion has been erased subsequently. It was admitted by the accused that he himself has erased the said portion due to double entry, which is not properly explained before the Court with supporting documents. Because after verifying Gate pass register, for the date 30.4.2014, no double entry found in respect of truck chit No.36337. It is very clear from the column of truck chit number at page 62 in Ex.P2, the disputed truck chit 48 Spl.C.C.No.500/2015 No.36337 is not mentioned either prior to the truck chit No.36336 or subsequently. Because it is found that at Sl.No.19, which contains name of the godown - Food Corporation of India, Food Storage Depot, Maddur, Truck No.KA-01 1260, Name of the Driver - Raghu, Truck chit No.36336 and 360 bags were loaded with quantity and commodity and Sl.No.20 contains erased portion of writing, which is corresponding to the F.S.L. report given under Ex.P65(a). It is important to point out that the opinion given by the PW25 relating to obliterated entry at Sl.No.20 at page No.62 dated 30.4.2014 marked as Ex.P2(a) shown as Vehicle No.8649, Name of the Driver - Ravi, Truck chit No.36337, No.of bags - 350, Quantity 16737, Name of allottee/party - R.A.P.e.M.S., Name of Station - Mandya, Time of arrival - 11.30 and Time of Exit - 1.00. However, PW19, the driver Nagaraja has admitted his signature put as "Naga" in kannada language, which is also verified by the Scientist - PW25. Therefore, it is very clear that accused was unable to prove double entry in the Gate pass register regarding transportation of 350 bags of food grain from Food Corporation of India, Maddur, as it was deposed by the labourers, who were loaded the food grain in 23 trucks. Whereas, the documents 49 Spl.C.C.No.500/2015 shows only 22 trucks were loaded as defence taken by the accused.
50. However, the oral evidence of leaders of labourers clearly establish that as on 30.4.2014, in total 23 trucks were loaded with different bags of food grain and NWNP labourers were loaded the same and it was brought to the notice of in- charge Manager - Ravi, who is examined as PW24. Therefore, the Court cannot ignore the oral and documentary evidence placed with respect to illegal transportation of 350 bags of rice as on 30.4.2014, when the entire oral and documentary evidence prove that discrepancies effected at the instance of accused. He himself has admitted erased the relevant entry and created truck chit No.36337, which was not shown in the Gate pass register, but raised the receipts as per Exs.P3(a), 4 to 6. On the basis of those truck chits, the Gate keeper was made to allow the lorry loaded with 350 bags of rice from the Food Corporation of India, Maddur, illegally.
51. The evidence of PW14 - B.V.Venkatesh, who is Godown keeper in Karnataka Food and Civil Supplies, Maddur has 50 Spl.C.C.No.500/2015 deposed about his work of receiving rice from Food Corporation of India and distribution to the same to Public Distribution System and as Godown in-charge he was receiving rice and wheat bags and then sent to Public Distribution System. He has identified the release order written by the District Manager, KFCS, Mandya, marked as Ex.P56 and his signatures marked as Exs.P56(a) and (b).
52. The Junior Assistant/Godown Manager in KFCSC, Ramanagara, Magadeviah examined as PW50 and identified the document Ex.P57, under which as on 30.4.2014 rice bags from Food Corporation of India, Maddur were received. He has clearly stated about his statement recorded by the I.O. PW16 - B.D.Nagaraju, who was godown in-charge of KFCSC, Channapatna, has stated that on 30.4.2014 received more than 1800 rice bags from Food Corporation of India, Maddur.
53. PW21 - G.B.Shivakumar, working as Manager (Quality Control) Food Corporation of India, Mysore has deposed about his duties is to preserve food grain such as wheat and rice meant for Public Distribution. He has also deposed about 51 Spl.C.C.No.500/2015 physical verification food grain stock in Food Corporation of India depot was to be conducted every quarter and visit by the Manger for physical verification. According to him, during the physical verification gunny bags were also counted and noted in the gunny register. The transit loss and storage loss was shown in the concerned register along with 0.20% per stack was permissible. He had visited Food Corporation of India, Maddur and conducted physical verification of stack as per the instruction of Area Manger and found shortage of 16 full bag rice. He has submitted report Census declaration of stacks as on 31.3.2014 with stack declaration of Shed No.1 as on 10.6.2014 marked as Ex.P25 and his signature marked as Ex.P25(a). This witness though conducted physical verification of stack in Food Corporation of India, Maddur, is not able to say about misappropriation of 350 bags of food grain by the accused. He has denied for the suggestion that not possible to hide 350 bags in single unit during inspection. However, his evidence is corroborated with the evidence of other witnesses who have deposed about illegal transportation of 350 bags of rice from Food Corporation of India, Maddur by the accused illegally. 52 Spl.C.C.No.500/2015
54. Further the witness Sreejith, is another Manager of Food Corporation of India, Mysore, was handling storage loss and transit loss examined as PW22 has identified his signatures Ex.P25(c) and (d). His evidence is similar to the evidence of PW21 as regards to visit to Food Corporation of India, Maddur and physical verification of the stack conducted along with him. He has also deposed about shortage of 16 full bag rice found in physical verification. He has admitted that if storage loss is beyond 0.20% then there will be an investigation.
55. PW23 - Bimal V.T., Manager (depot) deposed that as Food Corporation of India, District Office, Mysore was in- charge of stack account, Labour administration Computer and Hindi section, has deposed about procedure followed during physical verification of food grain stock which was to be conducted every quarter and it will be conducted by an officer of the rang of Manager posted in the depot. His evidence is on the basis of stack planning consists of 7 units and counting of bags as well as tally the number of bags with the total number of bags 53 Spl.C.C.No.500/2015 shown in census declaration statement, Ex.P25, for which put signatures marked as Ex.P25(e) to (f).
56. The witness PW27 - R.Ramu, was also working as Assistant Grade-I in Food Corporation of India, Maddur and retired on 31.8.2012. After retirement, as per request made by PW1, he used to visit Food Corporation of India, Maddur and doing clerical work, he was preparing daily statement of receipt and daily statement of issues and entering stock ledgers and writing work slips. He has identified contents of original work slip dtd.30.4.2014 issued by Food Corporation of India, as per Ex.P12 in which, identified the signature of accused marked as Ex.P12(a). He has also identified signature of Manager (Depot) as per Ex.P12(b) and signature of one Thangavelu, gang leader as per Ex.P12(c). He has admitted the contents of daily statement of issues dated 30.4.2014 at Sl.No.2167 and 2168 the carbon copies written by him and identified the register maintained under Ex.P22 bears his signatures marked as Ex.P22(a) and (b). He is partly treated as hostile and examined by learned Public Prosecutor. In the cross-examination he has admitted statement recorded under Ex.P82 and also stated about 54 Spl.C.C.No.500/2015 overwriting and corrections found in truck chit No.36337. Further he has deposed about approach made by NWNP worker namely Anandan who told him about work slip dated 30.4.2014 issued for 350 bags which came to be decreased at the time of counting. In the cross-examination he was not able to say who was godown in-charge when the cancellation was made in truck chit. But denied that NWNP worker Anandan never asked about work slip dated 30.4.2014 shown 350 bags less for them.
57. PW28 - Bhaskar Kumar, Manager (Quality Control) at Food Corporation of India, Food Storage Depot, Tumkur has deposed about duty of maintaining quality and preservation of food grain in his depot. He has also deposed about knowledge with procedure and norms of Food Corporation of India relating to physical verification of the food grain, stock in Food Corporation of India depot. He was also visited Food Corporation of India, Maddur, for conducting physical verification as per the office order issued by District office. According to him, on 1.7.2014 and 2.7.2014 has conducted physical verification of the godown in Food Corporation of India, Maddur and verified census declaration of the bags given by the Manager 55 Spl.C.C.No.500/2015 (depot) conducted with the stack ledger bags. He has identified the document - Summary of Depot Stocks Verification Report as on 30.6.2014 prepared by him, marked as Ex.P26.
58. PW30 - P.Hemanth Kumar, working as Manager (General) in Food Corporation of India, Regional Office, Bengaluru, has deposed about two documents furnished containing the details of economic cost of rice for the crop year 2012-13 and copy of extract of Food Corporation of India manual containing duties of AG-I depot marked as Exs.P99 and 100.
59. The prosecution is able to prove that the relevant dubious entry made by the accused in the Gate pass register, without showing the gate pass receipts, though procedure was adopted in the Food Corporation of India to weigh the empty lories before allowing inside the godown. Therefore, the evidence of other witnesses also required to be discussed in brief, which proves that the food grain were usually purchased by the different Societies and others.
56 Spl.C.C.No.500/2015
60. PW3 - Yogesh, Secretary, TAPCMS Co-operative Society, Channapatna, has deposed about purchase of rice from Food Corporation of India, Maddur and supplies to the Public Distribution System in Channapatna Taluk. The documents relating to purchase of rice from Food Corporation of India, Maddur, identified and marked as Exs.P40 to 43, his signatures are marked as Exs.P40(a) to 43(a).
61. PW4 - Jayarama is the Clerk of RSSBN Society, Bidadi is also deposed about purchase of rice from Food Corporation of India, Maddur. According to him, on 30.4.2014 total quantity of 1,130 bags of rice had been purchased through truck chit. The letter dated 16.4.2015 furnished by his Executive Chief Officer marked as Ex.P44. He has identified signature of CEO, marked as Ex.P44(a). He has also deposed about release order given under Ex.P45 bears signature of CEO, as per Ex.P45(a) and truck chit under which rice purchased were marked as Exs.P46 to 48. The Stock Book Register Extract marked as Ex.P49.
57 Spl.C.C.No.500/2015
62. PW12 - K.Prakash, SDA in Ryots Agricultural Produce Co-operative Marketing Society Ltd., also stated about purchase of rice from Food Corporation of India, Maddur and supplies to the Public Distribution System in Karnataka. He has identified the particulars, including vehicle number submitted to the CBI, marked as Ex.P55. He has clearly stated that after going through the truck chits Exs.P4 to 6 shown by CBI, gave statement that no materials shown in those documents received by him.
63. After going through the evidence of above witnesses who were used buy the foodgrains from Food Corporation of India, it is important to point out the truck chits Exs.P4 to P6,in which, name of the owner mentioned as RAPCMS,where PW12Prakash was working as SDA. Therefore, those truck chits certainly should have been confronted to him by the I.O. while recording his statement. PW13 - K.Nagaraj, working under PW12 in RAPCMS, Mandya has deposed about release order handed over to his Transport Office M/s.Sri Someshwara Transport, Maddur and after collecting the said release order, Papanna @ Nagaraju used to send the rice bags.
58 Spl.C.C.No.500/2015
64. PW26 - P.Nagaraju was partner of Sri Varasiddivinayaka Enterprises, Shimoga and Vinayaka Transports and Sridevi Transports. His firm was wholesale transport contractor appointed by Government of Karnataka. He used to transport rice and other food grain to KFSCS, RAPCMS, TAPCMS etc., which are State Government wholesale nominees from Food Corporation of India, CWC etc. He has deposed about owning of 18 trucks and the names of staff working in his firm. The important witness M.R.Nagaraju @ Papanna was one of the staff worked under him, who was looking after PDS transport works from the Food Corporation of India and other godowns. He has identified carbon copy of the loading expenditure charges book bearing No.1785 marked as Ex.P60(a) and receipt No.1786 marked as Ex.P60(b) with relevant portion of inserted vehicle No.KA-17 1432 as per Ex.P60(c) shown as Q9 with signature of M.R.Nagaraja Q-10 written by said Nagaraja. The disputed entry in Ex.P68 original form of 1785 is marked as Ex.P68(b). The Letter head belongs to Varasiddi Vinayaka Enterprises, Sri Vinayaka Transport belongs to him and Sri Someshwara Transport belongs to his friend, marked as Exs.P74 to 76. Other 59 Spl.C.C.No.500/2015 letter heads relating to Sri Lakshmi Venkateshwara transport marked as Ex.P77 and letter head of SLR transport marked as Ex.P78. The list of vehicle particulars marked as Ex.P79 and the letter written in the letter head of Someshwara Transport dated 1.7.2012 identified as Ex.P80. The letter head of Varasiddi Vinayaka Enterprises dated 1.7.2012 marked as Ex.P81. However, those letter heads belongs to him and his friend proves the transaction of purchasing rice and wheat from Food Corporation of India, Maddur, as wholesalers for Public Distribution.
65. PW29 - K.Anwar Pasha, working as RTO, Mandya, has identified the B register extract of vehicle No.KL-11/C-8649 marked as Ex.P83. The note sheet relating to the same and copy of the application form marked as Ex.P8. The B challans marked as Exs.P86 and 87, Form No.29 and Form No.60 of the above vehicle identified as Exs.P88 and 91. The endorsements and Form No.34 along with copy of voter ID with CRTI copy marked as Exs.P92 to 98. He has given information to the particulars sought by CW.32 Dr.A.Subramanyeshwara Rao, the S.P./CBI 60 Spl.C.C.No.500/2015 regarding vehicle No.KA 11/C 8643, KA 11/C 8649 under Ex.P105. He gave clear information of said vehicles stating that both the vehicles were not registered in the Regional Transport Office, Mandya.
66. The Inspector,CBI/ACB/Bengaluru Subramanian S., examined as PW31. He has deposed about the investigation conducted after receiving the case file registered by Dr.Subramanyeshwara Rao, S.P. CBI/ACB/BLR against the accused in Cr.No.R.C.2(A)/2015. He has identified the FIR registered by S.P. marked as Ex.P101 and signature of S.P. marked as Ex.P101(b). He has seized the documents produced before the Court as per search list Ex.P102. He has also collected documents from General Manger, Food Corporation of India, after sending letter dated 18.2.2015. He has obtained call data records of mobile number of accused, obtained FSL report and documents relating to the vehicle No.KL-11/C-8649, which was registered with SRO, Mannarkad, Balakkad District, Kerala State. Further he has examined Manager- PW1 and recorded statement and further statement. The officials of RAPCMS and TAPCMS and others gave statements before him. He has also 61 Spl.C.C.No.500/2015 obtained search warrant from the Court and conducted searches in the premises of Transport Contractors - Varasiddi Vinayaka Enterprises and residential premises of C.D.Kuchela. The documents obtained during investigation are identified under Exs.P103 to 112, which are relating to details of the Toll gates, Excise/Revenue check posts, Bengaluru-Mysore Highway Toll gates as on 30.4.2014 relating to passing of vehicle KL 11 C/8643 or KL 11 C/8649, Registers maintained in the Food Corporation of India, Maddur and receipt memo with details of payment to NWNP workers given by PWs.2, 5 and 6.
67. In the cross-examination he has admitted, the search conducted by him on 12.2.2015 and documents relating to Departmental Enquiry initiated against accused collected during search. Though he has collected call data records of accused obtained during investigation, not produced before the Court. But non-production of the same before the Court will not fatal to the case of prosecution. Because as per his explanation the call details obtained only for the purpose of investigation and not for any other reason. However, he has categorically stated that the lorry, in which, 350 bags were illegal transported by the 62 Spl.C.C.No.500/2015 accused did not pass both through weighbridge and Main gate as on 30.4.2014. The said evidence is corroborated with Ex.P1 weighbridge register, in which, no entry made regarding passing of lorry bearing No.KL-11/C-8649. Further, it is also supported by the erased entry pertaining to passing of said lorry loaded with 350 bags noted in the Gate pass register, which implies allowing the above lorry for transportation of 350 bags of rice illegally, without mentioning in the weighbridge register. However he has clearly stated that no Sanction obtained to prosecute accused as he was retired subsequently.
68. The oral evidence of both official and independent witnesses with supporting documents clearly established the charges leveled against accused that he being public servant as Assistant Grade-I (depot), FCI, Food Storage Depot, Maddur was directly and personally responsible for illegal transportation of 350 bags of rice by forging the truck chit and other records maintained in Food Corporation of India, Maddur. He had also admittedly defaced the relevant entry in Gate pass register and obtained pecuniary consideration of Rs.1,75,000/- for himself and caused loss to the Food Corporation of India. Though there 63 Spl.C.C.No.500/2015 is no sufficient proof placed by prosecution relating to wrongful loss of Rs.4,81,425/- caused by the accused to the Food Corporation of India, the Court cannot ignore the loss caused by him by way of committing criminal misconduct, after obtaining pecuniary consideration for illegal transportation of 350 bags of rice.
69. After perusal of entire oral and documentary evidence, it is found that accused being public servant with dishonest intention abused his official position and misappropriated an amount of Rs.1,75,000/- from which, caused wrongful loss to the Food Corporation of India, Maddur. It is also important to point out that accused, who was working as Assistant Grade-I (depot) placed in-charge of godown as on 30.4.2014 was well aware that food grain supplied by the Government to Food Corporation of India ought to have been supplied for local Distribution and purchase of supplying food grain only to distribute in the Public and it should not be for the public sale. In spite of that, the accused as on 30.4.2014, has made arrangements to pass the empty lorry through weighbridge, without entering in the said register, taking advantage of the in-charge of weighbridge went for lunch. Afterwards, though raised truck chit No.36337, which 64 Spl.C.C.No.500/2015 was entered in the Gate pass register, subsequently erased the relevant portion containing the details of truck number, 350 bags of rice loaded and name of the driver. The same is corroborated with the FSL report Ex.P65(a) which says that the entries made in Sl.No.20 at page 62 under Ex.P2(a) are in connection with 350 bags of rice loaded in truck No.KL-11 C/8649. The accused being in-charge of shed with dishonest intention erased the said portion subsequent to 30.4.2014, only when demand made by the NWNP labourers for payment of loading charges of 350 bags in the truck. The evidence of three leaders of labourers gang of NWNP discussed above clearly establish that, though they were loaded food grain bags in 23 trucks, the account was given only for 22 trucks by way of missing the load of 350 bags of rice in one of the truck. The evidence of said witnesses and other witnesses when compared with the documents, perused in detail, it clearly establishes that the illegal transportation of 350 bags of rice by the accused only. Therefore, in order to escape from the criminal liability, he himself erased the relevant entry in the Gate pass register only to disappear the evidence with an intention to screening himself from the legal punishment. Further, he has made the illegal transaction by corrupt and illegal means only for 65 Spl.C.C.No.500/2015 pecuniary advantage and sold 350 bags of rice for a sum of Rs.1,75,000/- which has been misappropriated subsequently.
70. The learned counsel for accused has submitted that due to some grudge against accused, PW18 - B.Nagendra Prasad created false story and got registered false case. However, only on the ground that no complaints made against accused during his service prior to 30.4.2014, without proper explanation by the accused, the argument of learned counsel cannot be accepted. Moreover, the admitted signature of accused in Ex.P8, the Godown stack register, marked as Ex.D1 is relating to dt.31.1.2014 and 19.2.2014. Ex.D2 marked through PW1 is a portion in the information given by PW1 to the Area Manager regarding account tallied by him as on 30.4.2014 before going to his native place, which will not establish anything in support of the defence of accused. It is already discussed about Exs.D3 to D5, D5(a), D6, D6(a), and D7 to D10 marked in the cross- examination of PWs1, 2, 5 and 11, which will not establish any alleged false case or story created by them against the accused. However, the document Ex.C1, the original truck chit No.36336 dtd.30.4.2014 marked in the cross-examination of PW31 relates 66 Spl.C.C.No.500/2015 to the transportation of 360 bags in the vehicle bearing No.KA 01
-1260 to the owner of KSCFC, Ramanagara and name of the driver shown as Raghu. I do not understand how the said truck chit is helpful to the defence of the accused, which will not establish any legal transportation of 350 bags of rice by the accused as on 30.4.2014.
71. The entire oral and documentary evidence placed in corroboration to each other along with Expert opinion relating to the disputed documents proves the case of prosecution alleged against accused as to illegal transportation of 350 bags of rice, defacing the relevant entries, in order to disappear evidence placed against him and loss caused to Food Corporation of India by way of misappropriating the amount fraudulently with dishonest intention by illegal means. Though there is no proof of exact loss of Rs.4,81,425/- caused by the accused to Food Corporation of India, the loss caused by doing illegal transaction and receiving the pecuniary advantage and misappropriating it, certainly establish that Food Corporation of India, Maddur, sustained loss in supply of food grains meant for Public Distribution. Therefore, considering the oral and documentary 67 Spl.C.C.No.500/2015 evidence in detail, I come to the conclusion that the prosecution has established the allegation made against the accused for the offences punishable u/Ss.409, 201 of Indian Penal Code and Section 13(2) read with 13(1) (c) and (d) of Prevention of Corruption Act, 1988, beyond all reasonable doubts. Hence, I answer point Nos.1 to 3 in Affirmative.
72. Point No.4 :- For the above discussed reasons, I proceed to pass the following:-
: ORDER :
Acting Under Section 235(2) of Code of Criminal Procedure 1973, accused -
K.S.Srinivasaiah is convicted for the offences punishable under Sections 409, 201 of Indian Penal Code and Section 13(2) r/w. Section 13(1) (c) and (d) of Prevention of Corruption Act, 1988.
(Dictated to Judgment Writer, transcribed and computerized by him, corrected, signed and then pronounced by me in the open court today i.e., on 27th day of November, 2017.) (S.H.PUSHPANJALI DEVI) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.68 Spl.C.C.No.500/2015
Dt.27.11.2017 Heard, arguments of learned Public Prosecutor for prosecution and learned Counsel for accused on sentence.
The accused questioned on sentence and he has submitted that not committed any offence.
The learned Public Prosecutor has submitted that offences proved against accused are criminal breach of trust by a public servant is punishable with imprisonment for life or imprisonment of ten years. The offence committed under Prevention of Corruption Act, is having serious impact on the society. Therefore, no leniency should be shown while imposing sentence to the accused. Hence, prayed to pass appropriate sentence for all the offences proved against the accused.
The learned Counsel for accused submitted that he is a Senior Citizen aged about 76 years, retired from service is suffering from Blood Pressure and other diseases. Therefore, prayed to show leniency and award minimum sentence. 69 Spl.C.C.No.500/2015
The offence u/S.409 of Indian Penal Code, Criminal breach of trust by a public servant is punishable with imprisonment for life or with imprisonment of a term which may extend to ten years and shall also be liable to fine.
The offence u/S.201 of Indian Penal Code, Causing disappearance of evidence of offence, is punishable with seven years, if the offence knowing fully well committed is punishable with death, which may extend to seven years and shall also liable to fine. If the offence punishable with less than ten years of imprisonment, and imprisonment for any term not extending to ten years, shall be punished with imprisonment of the description of the offence provided for a term which extend to one fourth of the part of the longest term of imprisonment provided for the offence, or with fine, or with both.
The offence u/S.13(2) r/w. 13(1)(c) & (d) of Prevention of Corruption Act, 1988 for Criminal Misconduct shall be punishable with imprisonment for a term 70 Spl.C.C.No.500/2015 which shall be not less than four years but may extend to ten years and shall also be liable to fine.
The submission made by the Public Prosecutor relating to the offence of Prevention of Corruption Act, 1988 certainly having great impact on the entire society. Likewise, the offence of criminal breach of trust by public servant, punishable with imprisonment for life, which may extend to ten years, certainly cannot be considered in lenient manner. The submission made by the learned Counsel for accused, regarding accused aged about 76 years, suffering from many diseases also cannot be ignored. Therefore, after taking into consideration the submission made by learned Public Prosecutor and learned Counsel for accused on sentence, if the accused is punished with appropriate sentence for each of the offence, it will meet the ends of justice.
After considering all the aspects involved in the case and the punishment prescribed for each of the offence, I am of the opinion that, if the accused is sentenced for the offence punishable under Section 409 of Indian Penal Code, with simple 71 Spl.C.C.No.500/2015 imprisonment of 5 years and to pay fine of Rs.50,000/-, in default, simple imprisonment for six months, for the offence punishable under Section 201 Indian Penal Code, imprisonment for three years and to pay fine of Rs.50,000/-, in default, simple imprisonment for three months, for the offence punishable under Section 13(2) read with 13(1) (c) & (d) of Prevention of Corruption Act, 1988, imprisonment for four years and fine of Rs.1,00,000/-, in default, simple imprisonment for six months will be appropriate punishment. Hence, I proceed to pass the following sentence:-
ORDER
Accused shall undergo Simple
Imprisonment for a period of five years and pay a fine of Rs.50,000/- for the offence punishable under Section 409 of Indian Penal Code, in default, to pay fine amount, shall further undergo simple imprisonment of six months.
He shall undergo simple imprisonment for three years and pay fine of Rs.50,000/- for the offence punishable under Section 201 of Indian Penal Code, in default, to pay fine amount, shall further undergo simple imprisonment of six months.72 Spl.C.C.No.500/2015
He shall undergo simple imprisonment for four years and to pay fine of Rs.1,00,000/-, for the offence punishable under Section 13(2) r/w.13 (1)(c) & (d) of Prevention of Corruption Act, 1988, in default to pay fine amount, shall further undergo simple imprisonment of one year.
All the sentences shall run concurrently.
Accused is entitled for set off u/S.428 of Criminal Procedure Code, for the period already undergone in Judicial Custody, if any.
The bail bonds and surety bonds executed by accused and surety shall stand cancelled.
Supply free copy of judgment to the accused immediately.
(Dictated to Judgment Writer, transcribed and computerized by him, corrected, signed and then pronounced by me in the open court today, 27th day of November, 2017.) (S.H.PUSHPANJALI DEVI) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.
73 Spl.C.C.No.500/2015
1) LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION SIDE:-
P.Ws. WITNESS NAME C.Ws.
P.W.1 Rahul Chaudhary C.W.1
P.W.2 Anandan C.W.2
P.W.3 Yogesh C.W.15
P.W.4 Jayarama C.W.16
P.W.5 Thangavelu C.W.3
P.W.6 Kuppaswamy C.W.4
P.W.7 B.S.Mariya C.W.5
P.W.8 R.Bindhu Madhava Rao C.W.7
P.W.9 S.Tulasiram C.W.8
P.W.10 S.K.Vijayan C.W.11
P.W.11 B.S.Sundaramurthy C.W.12
P.W.12 K.Prakash C.W.13
P.W.13 K.Nagaraju C.W.14
P.W.14 B.V.Venkatesh C.W.17
P.W.15 Mahadevaiah C.W.18
P.W.16 B.D.Nagaraju C.W.19
P.W.17 M.R.Nagaraju C.W.20
P.W.18 B.Nagendra Prasad C.W.6
P.W.19 Nagaraju C.W.21
P.W.20 S.Anand C.W.22
P.W.21 Shivakumar C.W.24
P.W.22 Sreejith C.W.25
P.W.23 V.T.Bimal C.W.26
P.W.24 R.Ravi C.W.9
P.W.25 R.B.Bhosale C.W.31
P.W.26 P.Nagaraju C.W.23
P.W.27 R.Ramu C.W.10
P.W.28 Bhaskar Kumar C.W.27
P.W.29 K.Anwar Pasha C.W.28
P.W.30 P.Hemanth Kumar C.W.29
P.W.31 S.Subramanian C.W.33
74 Spl.C.C.No.500/2015
2) LIST OF DOCUMENTS EXHIBITED ON BEHALF OF
PROSECUTION:-
EXHIBITS PARTICULARS
Ex.P-1 Weigh bridge register
Ex.P-2 Gate pass register
Ex.P-2(a) Relevant entry in page no.62 sl.no.20
Ex.P-2(b) Initial signature of accused
Ex.P-2(c) Correction portion in Ex.P.2 page 63
Ex.P.2(d) Signature of P.W.19
Ex.P-3 Truck chit book No.727
Ex.P-3(a) Relevant carbon copy Sl.No.36337
Ex.P-4 Original truck chit slips
Ex.P-5 and P-6 Carbon copy of truck chit slips Ex.P-7 Original truck chit dated 30.4.2014 along with computer generated slips - 68 sheets Ex.P-8 Godown stack ledger from 8.1.2014 to 24.6.2014 Ex.P-9 Work slip book from 1.3.2014 to 17.5.2014 Ex.P-10 Labour attendance register of FCI Ex.P-10(a to h) Relevant entries in Ex.P-10 Ex.P-11 Staff attendance register from January,2014 to February,2015 Ex.P.11(a) Relevant entry in Ex.P.11 (P.W.7) Ex.P-12 Original work slip No.439 Ex.P.12(a),(b) Signatures of P.W.24 in Ex.P.12 Ex.P.12(c) Signature of P.W.5 Ex.P-13 Office opening and closing Home Guard attendance register Ex.P-14 Release order of FCI No.4397 Ex.P-15 Release order of FCI No.1104 Ex.P-16 Release order of FCI No.890 Ex.P-17 Release order of FCI No.7203 Ex.P-18 Release order issued to concerned PDS nominee Ex.P-19 Letter dated 24.5.2014 addressed to Area Manager 75 Spl.C.C.No.500/2015 Ex.P-19(a) Signature of P.W.1 Ex.P-20 Letter dated 30.5.2014 Ex.P-20(a) Signature of P.W.1 Ex.P-21 Copy of order No.vig.7(7)/14 dated 2.6.2014 Ex.P-22 Daily statement of issues register from 21.4.2014 to 28.5.2014 Ex.P.22(a) Contents of Ex.P.22 at Sl.No.2167 Ex.P.22(b) Contents of Ex.P.22 at Sl.No.2168 Ex.P-23 Office order/leave particulars from 1.5.2014 to 8.5.2014 Ex.P-24 Census declaration of stocks as on 31.3.2014 -
8 sheets Ex.P-25 Census declaration of stocks as on 10.6.2014 -
5 sheets Ex.P.25(a),(b) Signatures of P.W.21 Ex.P.25(c),(d) Signatures of P.W.22 Ex.P.25(e),(f) Signatures of P.W.23 Ex.P-26 Census declaration of stocks as on 30.6.2014 -
8 sheets
Ex.P-27 Godown stack ledger shed I from 20.4.2014 to
29.9.2014
Ex.P-28 Godown stack ledger of FCI
Ex.P-29 Godown stack ledger shed II
Ex.P-30 Godown stack ledger shed III
Ex.P-31 Daily statement of receipts register of FCI from
10.4.2014 to 19.5.2014
Ex.P-32 Godown stack ledger shed II from 21.3.2011 to
24.6.2014
Ex.P-33 Godown stack ledger book from 17.7.2013 to
27.1.2014
Ex.P-34 Gunny register from 1.4.2014 to 27.2.2015
Ex.P-35 Priority register from March, 2013 to Feb, 2015
Ex.P.35(a) Signature of P.W.24
Ex.P.35(b) Signature of P.W.24
Ex.P-36 Technical stack card register shed I
(20.4.2015)
Ex.P-37 Attested copy of master ledger
Ex.P-38 Statement showing operational storage loss
and gain and their regularization proposals -
13 sheets
76 Spl.C.C.No.500/2015
Ex.P-38(a) Signature of P.W.1
Ex.P-39 Memo dated 23.5.2014
Ex.P-39(a) Signature of P.W.1
Ex.P-39(b) Signature of accused
Ex.P-40 Letter dated 15.4.2015 to I.O., CBI No.1/15-16
Ex.P-40(a) Signature
Ex.P-41 Xerox copy of release order No.890
Ex.P-41(a) Signature
Ex.P-42 Truck chit dated 30.4.2014 Sl.No.36340
Ex.P-42(a) Signature of P.W.3
Ex.P-43 Xerox copy of sale register book extract
Ex.P-43(a) Signature of P.W.3
Ex.P-44 Letter No.RSS/BN4/15-16 dated 16.4.2015
Ex.P-44(a) Signature of CEO
Ex.P-45 Copy of release order No.1104
Ex.P-45(a) Signature of CEO
Ex.P-46 Copy of truck chit
Ex.P-46(a) Signature of CEO
Ex.P-47 Copies of truck chits dated 30.6.2014
Ex.P-47(a) Signature of CEO
Ex.P-48 Copy of truck chit
Ex.P-48(a) Signature of CEO
Ex.P-49 Stock register extract
Ex.P-49(a) Signature of CEO
Ex.P-50 Letter dated 30.5.2014
Ex.P.50(a) Signature of P.W.2
Ex.P.50(b) Signature of P.W.5
Ex.P.50(c) Signature of P.W.5
Ex.P.50(d),(e) Signatures of P.W.6
Ex.P.51 Report submitted by P.W.7
Ex.P.51(a) Signature of P.W.7
Ex.P.52 Report given by Sundaramurthy
Ex.P.52(a) Signature of P.W.11
Ex.P.53 Report given by accused in writing
Ex.P.53(a) Signature of P.W.18
Ex.P.54 Report given by P.W.8
Ex.P.54(a) Signature of P.W.8
Ex.P.54(b) Signature of S.Tulasiram
Ex.P.54(c) Signature of P.W.18 (C.W.6)
77 Spl.C.C.No.500/2015
Ex.P.55 Particulars and vehicle number to CBI officer -
22 pages
Ex.P.56 Document pertaining to KFCS, Mandya - 25
sheets
Ex.P.56(a),(b) Signatures of P.W.14
Ex.P.57 Letter pertaining to receiving food grain and
distributed contents - 14 sheets
Ex.P.58 Loading statement contents
Ex.P.58(a) Signature of P.W.17
Ex.P.58(b) Relevant entry in Ex.P.58
Ex.P.59 Summary of findings of investigation
Ex.P.59(a) Signature of P.W.18
Ex.P.60 Loading expenditure charges book pertaining to
Sridevi Transport
Ex.P.60(a),(b) Signatures of P.W.17
Ex.P.60(c) Relevant entry in Ex.P.60
Ex.P.61 Statement u/S.164(5) of P.W.19
Ex.P.61(a),(b) Signatures of P.W.19
Ex.P.62 Statement u/S.164(5) of P.W.20
Ex.P.62(a),(b) Signatures of P.W.20
Ex.P.63 Consolidated master ledger extract
Ex.P.64 Date-wise wages earned per labour for the
month of April-2014
Ex.P.64(a) Signature of Thangavelu
Ex.P.65 FSL report
Ex.P.65(a) Signature of Ravikumar
Ex.P.66 Covering letter
Ex.P.67 Specimen writing and signature of B.S.Sundar
Murthy (S1 to S28)
Ex.P.68 Specimen handwriting and signature of
accused (S29 to S38)
Ex.P.69 Admitted signatures of B.S.Sundar Murthy (A1
to A5)
Ex.P.70 Expressed opinion report
Ex.P.70(a) Signature of P.W.25
Ex.P.71 Covering letter
Ex.P.72 Specimen signature of M.R.Nagaraj (which are
shown as S39 to S53)
Ex.P.73 FSL report
Ex.P.73(a) Signature of P.W.25
78 Spl.C.C.No.500/2015
Ex.P.74 Letterhead of Sri.Varasiddi Vinayaka
Enterprises
Ex.P.75 Letterhead of Vinayaka Transport
Ex.P.76 Letterhead of Someshwara Transport
Ex.P.77 Letterhead of Laxmi Venkateshwara Transport
Ex.P.78 Letterhead of SLR transport
Ex.P.79 List of vehicle particulars
Ex.P.80 Letterhead of Someshwara transport dated
1.7.2012
Ex.P.81 Letterhead of Varasiddi Vinayaka Enterprises
dated 1.7.2012
Ex.P.82 161 statement of C.W.10 Ramu
Ex.P.83 'B' register extract of RTO
Ex.P.83(a) Signature of P.W.29
Ex.P.84 Note-sheet of RTO
Ex.P.84(a) Signature of P.W.29
Ex.P.85 Copy of the application form
Ex.P.85(a) Signature of P.W.29
Ex.P.86 'B' challan of RTO
Ex.P.87 'B' challan of RTO
Ex.P.88 Forms of form no.29
Ex.P.89 Forms of form no.29
Ex.P.90 Forms of form no.60
Ex.P.91 Forms of form no.60
Ex.P.92 Another challan for Rs.10/-
Ex.P.93 Copy of endorsement
Ex.P.94 Another copy of endorsement
Ex.P.95 Copy of form no.34 of RTO
Ex.P.96 Another form no.34
Ex.P.97 Copy of voter ID of S.Ananda
Ex.P.98 CRTI copy of RTO
Ex.P.99 Certified copy of Circular No.BC&F/4(84)/ECO -
cost rice/2012-13 dated 12.12.2012
Ex.P.100 Certified copy of extract of FCI manual
containing duties of AG-I depot - 5 sheets
Ex.P.101 FIR
Ex.P.101(a) Cover containing FIR
Ex.P.101(b) Signature of I.O on FIR
Ex.P.102 Search list
79 Spl.C.C.No.500/2015
Ex.P.103 Letter furnished by Chief Engineer, National
Highway dated 19.5.2015
Ex.P.104 Letter issued by Chief Engineer, KRDCL to CBI
dated 20.5.2015
Ex.P.105 Letter issued by RTO, Mandya dated 25.5.2015
Ex.P.106 Letter issued by AGM, Vigilance dated
20.2.2015
Ex.P.107 Receipt memo
Ex.P.108 Receipt memo
Ex.P.109 Receipt memo
Ex.P.110 Statement of wages earned by NWNP labourers
for the month of April, 2014
Ex.P.111 Copy of order passed by disciplinary authority
against accused dated 31.10.2014 - 3
enclosures
Ex.P.112 Statement of transit loss/gain in Transit
Railway for the period from 1.3.2014 to
31.3.2014
3) LIST OF EXHIBITS MARKED THROUGH DEFENCE SIDE:-
EXHIBITS PARTICULARS Ex.D.1 Initial signature in Ex.P.8 on page no.14 Ex.D.2 Relevant entry in Ex.P.19 Ex.D.3 Relevant entry in 161 statement of C.W.1 in page no.6 Ex.D.4 Relevant entry in 161 statement of C.W.1 in page no.3 Ex.D.5 Relevant entry in 161 statement of C.W.3 (P.W.5) Ex.D.5(a) Relevant entry in 161 statement of C.W.3 (P.W.5) Ex.D.6 Relevant entry in 161 statement of C.W.2 (P.W.2) Ex.D.6(a) Relevant entry in 161 statement of C.W.2 (P.W.2) Ex.D.7 to Weighbridge slips D.10 Ex.D.11 Quintuplicate copy of Ex.C.1 (which is marked in the cross examination of P.W.31 on 8.6.2017) 80 Spl.C.C.No.500/2015
4) LIST OF EXHIBITS MARKED BY COURT:-
EXHIBIT PARTICULARS Ex.C.1 Original truck chit no.36336 (S.H.PUSHPANJALI DEVI) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.