Bangalore District Court
State Of Karnataka vs Sri. S.N.Kumar on 30 January, 2023
KABC010127192018
IN THE COURT OF XLVII ADDL. CITY CIVIL &
SESSIONS JUDGE AND SPECIAL JUDGE FOR CBI
CASES, BENGALURU, (CCH48)
Dated this the 30th day of January, 2023
PRESENT
Smt. E. CHANDRAKALA., B.Sc, LL.M.,
XLVII Addl. City Civil & Sessions Judge
and Special Judge for CBI cases,
Bengaluru
SPL.CC.NO.291/2018
COMPLAINANT: State of Karnataka
By Central Bureau of Investigation
Anti Corruption Branch,
Bengaluru.
(By Public Prosecutor)
/Vs/
ACCUSED : 1. Sri. S.N.Kumar
S/o Sri. Late S.M.Natarajan
The then Grameena Dak Sevak
Branch Postmaster (GDSBPM),
Sugatur.
R/at Near Kuvempu Statue Main road,
Sugatur.
2. Sri.B.Seetharamaiah
S/o Late B.Chinnaswamy
The then Grameena Dak Sevak
2 Spl.CC.No.291/2018
Mail Deliverer (GDSMD),
Sugatur.
R/at Behind Shiva Temple,
Sugatur.
(By Sri.J.N.Manjunath, Advocate for A1,
Sri.K.M.Murari Mouni, Advocate for A2)
*****
1.Date of Commission of Offence : 04032012 to 22022016
2. Date of Report of Offence : 05052016
3. Appearance of Accused : 29082017
4. Name of the complainant : K.Muniramiaiah,
Sr.Superintendent, Post Offices
5. Date of recording of Evidence: : 22102019
6. Date of closing Evidence : 27102022
7. Offences complained of : Under Secs.120(B) R/w
Secs.201, 409, 420, 468,
471, 477A of IPC and
Under Section 13(2) r/w
Sec.13(1)(d) of PC Act, 1988
8. Opinion of the Judge : Accused No.1 is convicted for
offenses under Secs.409,420
468,471, 477A IPC and
Sec.13(2) R/w Sec.13(1)(d)
of P.C Act.
Accused No.2 is acquitted.
(E.CHANDRAKALA)
XLVII Addl. City Civil & Sessions Judge
and Special Judge for CBI cases,
Bengaluru.
****
3 Spl.CC.No.291/2018
JUDGMENT
The Deputy Superintendent of Police, Central Bureau of Investigation (in short 'CBI'), ACB, Bengaluru, has submitted a charge sheet against the accused Nos.1 and 2 for the offences punishable under Secs.120(B) R/w Secs.201, 409, 420, 468, 471, 477A of IPC and under Sec.13(2) R/w Sec.13(1)
(d) of Prevention of Corruption Act, 1988 (for brevity 'PC Act').
2. The sum and substance of the prosecution case is that accused No.1 being the Grameen Dak Sevak Post Master(Branch Post Master), Sugatur and accused No.2, the Grameen Dak Sevak Mail Deliverer, Sugatur, while discharging the duties as public servants, conspired among themselves and committed an act of cheating the innocent customers of Sugatur Branch Post Office, during the period from 04/03/2012 to 22/02/2016 and caused 4 Spl.CC.No.291/2018 misappropriation of the post office funds to the tune of Rs.46,61,341/in not crediting the amount of deposits received from the depositors and account holders towards their Savings Bank(SB), Recurring Deposits(RD), Time Deposits(TD), Rural Post Life Insurance(RPLI) and Sukanya Samruddi Accounts(SSA) and fraudulently withdrew the amounts from the above said accounts without the knowledge of depositors. Further, the accused No.1 had forged and fabricated the documents pertaining to SB, RD, TD, SSA accounts of the concerned depositors by issuing passbooks of some other customers to the innocent customers who were given for updation and unauthorisedly issued 30 pass books of other persons to the innocent customers by tearing some of the initial pages and making fresh entries of names and address of other customers. Further, accused No.1 during the said period handedover some of the records like SB, RD, 5 Spl.CC.No.291/2018 RD journals, pay in and pay out vouchers used for day to day transactions in respect of savings accounts and committed the offenses of forgery, cheating, criminal breach of trust, using forged documents as genuine and criminal misconduct. The accused No.2 in furtherance of criminal conspiracy knowingly causes the evidence of commission of offense to disappear with intention to screen accused No.1 from legal punishment. It is further case of the prosecution that when Sri.K.Muniramaiah, Sr.Superintendent of Post Office, had inspected the Sugatur Post Office and unearth the fraud committed by the accused No.1 and gave complaint. On the basis of complaint, FIR was registered in RC No.18(A)/2016 and after due investigation the charge sheet filed for the aforesaid offences.
6 Spl.CC.No.291/2018
3. After taking cognizance of the offences against the accused persons, issued summons, and in response to the summons, they appeared and enlarged on bail. Heard both sides on framing charge and the charge was framed against accused Nos.1 and 2 on 02/05/2019 and on 21/08/2019 altered charge was framed for the charge sheeted offences, where they pleaded not guilty and claimed to be tried.
4. The prosecution in order to bring home the guilt of the accused, in all has examined the 104 witnesses as PW1 to PW104 and got marked documents Ex.P.1 to Ex.P.699. The accused have been examined under Sec.313(1)(b) of Cr.P.C., regarding the incriminating material appearing in evidence against them. The accused have denied the incriminating evidence and got marked 7 Spl.CC.No.291/2018 documents Ex.D.1 to Ex.D.14, but they have not chosen to lead evidence.
5. The Ld.PP has submitted the arguments that accused Nos.1 and 2 being the Branch Post Master and Mail Deliverer while discharging their duties as public servants during March, 2012 to February 2016, accused No.1 accepted the amount from the account holders, but did not credit to their accounts, he had withdrawn the amount without the knowledge of the account holders and opened account in the name of others and committed fraud in respect of SB, TD, RD, SSA and RPLI accounts. The evidence of prosecutional witnesses clearly prove the guilt of the accused beyond reasonable doubt. Almost all the depositors/account holders have been examined before the court and they have categorically stated about the payment of money to the accused No.1 to deposit the same into their 8 Spl.CC.No.291/2018 accounts. Further, it has been proved that accused No.1 had withdrawn the amount without the knowledge of account holders and siphoned the amounts of the account holders to the extent of Rs.46,61,341/ by committing fraud, misappropriation, falsification of accounts, forging the documents, causing disappearance of evidence and corresponding wrongful gain to himself. The expert opinion also supports the case of the prosecution. The accused No.2 in furtherance of criminal conspiracy has committed the act of disappearing evidence of fraud made by accused No.1. The Ld.PP has also submitted written arguments.
6. Sri.J.N.M, Advocate appearing for accused No.1 has argued that the evidence of PWs1 and 7 suffers from material contradictions and their 9 Spl.CC.No.291/2018 evidence differs in respect of amount and timings of the inspection carried out by PWs1 and 7. PW1 had not issued any notice to the accused No.1 before his removal. The Investigation Officer ( for short IO) had not followed the procedure during the course of seizure of documents. There are variations in the statements of witness. The accused had no knowledge about the fraud that had taken place in Sugatur post office. The IO had not drawn mahazar regarding seizure of passbooks. There is overwriting in Ex.P.20 for which the prosecution failed to explain. Every once in three months, Mail Overseer used to check the account books in the post office and none of them have noticed alleged allegations made against the accused No.1. No independent witnesses were examined and statement of accused recorded by the IO was not produced before the Court. The prosecution has failed to prove the guilt 10 Spl.CC.No.291/2018 of the accused beyond reasonable doubt, hence prays for acquittal.
7. Sri.K.M.V Advocate appearing for accused No.2 has argued that Ex.P.696 is the only trump card document for the prosecution to implicate accused No.2 and the said document is not proved by the prosecution beyond reasonable doubt. The evidence of PW101 and PW63 itself contradicts with document Ex.P.696. The mahazar was not drawn and documents were not seized from the possession of accused No.2. Therefore, the prosecution failed to prove the criminal conspiracy between accused Nos.1 and 2 and also failed to prove the ingredients of Sec.201 of IPC that accused No.2 had committed the act of disappearance of evidence of fraud committed by accused No.1. Except PW63, none of the independent witnesses were examined in the case. Therefore, prays for acquittal of accused No.2. 11 Spl.CC.No.291/2018
8. Heard the arguments of Ld.Public Prosecutor on behalf of prosecution and Ld.Senior Advocate Sri.J.N.M appearing for accused No.1 and Sri.K.M.V Advocate for accused No.2. The Ld.PP has furnished the following citations :
1. (2002) 7 S.C.C 334 (Mohd. Khalid V/s State of W.B)
2. (2002) 4 S.C.C 380 (Khet Singh V/s Union of India)
3. (2010) 2 S.C.C 229 (Neelam Bahal and another V/s State of Uttarakhand)
4. (2015) 2 S.C.C 553 (Vinayak Narayan Deosthali V/s Central Bureau of Investigation)
11.
The Ld. Advocate appearing for accused No.2 has placed the following citations :
1. AIR 1963 S.C 74 (Raghav Prapanna Tripathi and others V/s State of U.P)
2. 19701SCC152SC, 1970AIR(SCO549) (Lennart Schussler and another V/s The Director of Enforcement and another) 12 Spl.CC.No.291/2018
3. 1984AIR(SC)151, 1984Cri.L.J162 (Jethsur Surangabhai V/s State of Gujarat)
4. 19723SCC652, 1972Cri.L.J 1293 (Ram Prakash Arora V/s State of Punjab)
5. Crl.R.P No.956/2009 of Hon'ble High Court of Karnataka (G.D.Devaraj V/s State by SubInspector of Excise and Another)
9. Perused the charge sheet, charge, evidence and documents placed on record.
10. In the light of above material on record, the points that arise for consideration of the court are under:
1) Whether the prosecution has obtained valid sanction under Sec.19 of PC Act to prosecute the accused No.1 in the case ?
2) Whether the prosecution proves beyond reasonable doubt that accused No.1, Branch Postmaster (GDSBPM), and accused No.2, Mail Deliverer (GDSMD), Sugatur being public servants conspired among themselves to do or caused to done the act of cheating innocent customers of Sugatur Branch Post Office during the period from 04/03/2012 to 22/02/2016 and cause misappropriation of the said post office funds to the tune of Rs.46,61,341/ which is the act of criminal conspiracy and thereby the 13 Spl.CC.No.291/2018 accused committed the offence punishable under Sec.120(B) R/w Sec.420 of IPC ?
3) Whether the prosecution proves beyond reasonable doubt that accused No.1 while functioning as public servant during the said period had defalcated the government money by not crediting the amount of deposits received from the public towards their Savings Bank (SB), Recurring Deposit (RD), Time Deposit (TD),Rural Postal Life Insurance (RPLI) and Sukanya Samruddi Account (SSA) of the persons shown in the charge sheet and fraudulently withdrew the amounts from the SB, RD and TD accounts as shown in the charge sheet, without the knowledge of the concerned depositors and thereby accused has committed the offence of Criminal Breach of Trust under Sec.409 of IPC ?
4) Whether the prosecution proves beyond reasonable doubt that in pursuance of the said criminal conspiracy, accused No.1 while functioning as public servant, forged and fabricated documents pertaining to SB, RD, RD, RPLI and SSA accounts of the concerned depositors mentioned in the charge sheet by issuing live/dormant pass books of some other customers to the concerned innocent customers, those pass books were given to accused No.1 for updation or picked up those pass books from the other offices unauthorizedly and also issued 30 such pass books of other persons to the concerned innocent customers by tearing off some of the initial pages after making fresh entry of names and addresses of customers and entering 14 Spl.CC.No.291/2018 amount so received from those innocent depositors cheating the concerned customers mentioned in the charge sheet and thereby committed an offence punishable under Sec.468 of IPC ?
5) Whether prosecution proves beyond reasonable doubt that in pursuance of the said criminal conspiracy accused No.1 while functioning as public servant having forged and fabricated the concerned documents of the concerned innocent customers for the purpose of cheating them, used those forged documents as genuine and thereby accused No.1 has committed the offence punishable under Sec.471 of IPC ?
6) Whether prosecution proves beyond reasonable doubt that in pursuance of the said criminal conspiracy, accused No.1 while functioning as public servant, forged and fabricated documents pertaining to SB, RD, TD and SSA accounts of the concerned depositors mentioned in the charge sheet by issuing live/dormant pass books of some other customers to the concerned innocent customers, those pass books were given to accused No.1 for updation or accused No.1 picked up those pass books of other persons to the concerned innocent customers by tearing off some of the initial pages after making fresh entry of names and addresses of customers and entering amount so received from those innocent depositors with intend to defraud the concerned depositors and thereby accused No.1 has committed the offence punishable under Sec.477A of IPC ?15 Spl.CC.No.291/2018
7) Whether the prosecution proves beyond reasonable doubt that accused No.1 while functioning as public servant during the said period had defalcated the government money by not crediting the amount of deposits received from the public towards their Savings Bank (SB), Recurring Deposit (RD), Time Deposit (TD),Rural Postal Life Insurance (RPLI) and Sukanya Samruddi Account (SSA) of the persons shown in the charge sheet and fraudulently withdrew the amounts from the SB, RD and TD accounts as shown in the charge sheet, without the knowledge of the concerned depositors and thereby accused has committed the offence of Criminal Misconduct under Sec.13(2) R/w Sec.13(1)(d) of the P.C Act, 1988 ?
8) Whether prosecution proves beyond reasonable doubt that in pursuance of said criminal conspiracy, accused Nos.1 and 2 while functioning as public servant in the capacity of GDSBPM and GDSMD respectively, during the said period accused No.1 handedover some of the records like SB, RD, TD journals and pay in and payout vouchers used for day to day transactions in savings account to accused No.2 for keeping it safe and it was revealed that 33 numbers of vouchers pertaining to day to day operations in the said branch post office for the month of February, 2016 were recovered from the residence of accused No.2 and thereby accused Nos.1 and 2 in furtherance of criminal conspiracy caused disappearance of evidence regarding forgery, cheating and criminal breach of trust and thereby 16 Spl.CC.No.291/2018 accused No.2 has committed the offence punishable under Sec.201 of IPC ?
9) What order ?
11. My findings on the above points are as hereunder:
Point No.1 : In the Affirmative
Point No.2 : Partly in Affirmative
Point No.3 : In the Affirmative
Point No.4 : In the Affirmative
Point No.5 : In the Affirmative
Point No.6 : In the Affirmative
Point No.7 : In the Affirmative
Point No.8 : In the Negative
Point No.9 : As per final order for the following:
REASONS
SANCTION
12. POINT NO.1: It is the case of prosecution
that accused No.1 in furtherance of criminal
conspiracy with accused No.2 has committed an act of fraud, criminal breach of trust, misappropriation of funds, falsification of accounts, forging the documents, and cheated the depositors/account holders relating to 158 accounts and accused Nos.1 17 Spl.CC.No.291/2018 and 2 have wrongfully gained to themselves and caused loss to the tune of Rs.46,61,341/. The accused No.2 in furtherance of criminal conspiracy with accused No.1 caused disappearance of evidence . The prosecution in order to prove the guilt against accused Nos.1 and 2 has examined the witnesses PWs1 to 104 and got marked documents Ex.P.1 to 699 .
13. Before adverting to the facts of the case, it is necessary to state the admitted facts of this case. It is undisputed that accused No.1 was the Branch Post Master and accused No.2 was the Mail Deliverer of Sugatur Branch Post Office, Sugatur. PW1 is the Internal Investigator, PW7 is the Sr. Superintendent, PW53, PW63 are Postal Assistants, the depositors, and account holders of the Sugatur Post Office, have deposed in their evidence that accused No.1 was Branch Post Master 18 Spl.CC.No.291/2018 and accused No.2 was Mail Deliverer during the period 2012216 in Sugatur Branch Post Office, Sugatur. The accused Nos.1 and 2 in their examination under Sec.313 (1)(b) of Cr.P.C., have admitted that during the relevant period of time they were public servants. Therefore, the admission and evidence of witnesses which clearly substantiates that during the period 20122016 the accused Nos.1 and 2 were the public servants as defined under Sec.21 of I.P.C.
14. The prosecution in order to establish that it has got proper sanction under Sec.19 of the PC Act, to prosecute the accused No.1 has examined PW7. He is the Sr. Superintendent of Post Offices in Kolar Division, Kolar, during the period April 2013 to 2017. The Sugatur Branch Post Office, comes under the jurisdiction of Kolar Postal Division. In para No.5 of his evidence, has deposed that he being the 19 Spl.CC.No.291/2018 Sr. Superintendent of Post Office has authority for appointing and removal of Branch Post Master within the jurisdiction of Kolar SubDivision. PW55 has perused all the papers sent by CBI and the relevant rules, having found the primafacie case against accused No.1 for commission of fraud, cheating misappropriation, criminal breach of trust, falsification of documents, had issued sanction order vide order No.F4/6/1516/IV dated 29/11/2017 as per Ex.P.655. He has further deposed that Sr. Superintendent of Post Office, Kolar SubDn., Kolar was competent authority for removal of accused No.1 from his duty. He has produced Rules of Conduct and Engagement Rules, 2011 as per Ex.P.657, Rules of Branch Office as per Exs.P.658 and 659 and Branch Post Master Training and Guidebook as per Ex.P.661, Inspection Report submitted the Mail Overseer of Kolar SubDivision as per Ex.P.663 to Ex.P.668. He has submitted the account opening 20 Spl.CC.No.291/2018 forms and vouchers before the CBI as per Exs.P.670 to 680. The witness identifies all the aforesaid documents before the Court. This witness has been crossexamined by Ld. Counsel for accused No.1, but nothing has been elicited to discard the testimony of PW55 relating to sanction accorded to prosecute the accused No.1. On perusal of Ex.P.655the sanction order, it clearly depicts that witness has perused the entire material placed by CBI, having found the entire material, has opined that accused No.1 while working as Branch Post Master at Sugatur Post Office, has cheated innocent customers of Sugatur Post Office and misappropriated post office funds and caused wrongful loss to the tune of Rs.44,61,341/ and corresponding wrongful gain to himself. Therefore, the act committed by the accused No.1 constitute the commission of offence punishable under Sec.120(B) R/w Sec.201, 409, 420, 468, 471, 477A 21 Spl.CC.No.291/2018 of IPC and Sec.13(2) R/w Sec.13(1)(d) of PC Act. Therefore, the PW55 has accorded sanction under Sec.19(1)(a) of PC Act for prosecution of accused No.1 for the offence punishable under Sec.13(2) r/w Sec.13(1)(d) of PC Act. The evidence of PW55 is in consonance with the sanction order Ex.P.655. The witness being removing authority has applied his mind in regard to the facts and documents of the case and accorded sanction for prosecution against accused No.1. The prosecution has established before the Court that they have obtained sanction under Sec.19(1)(a) of PC Act for prosecution against accused No.1 in accordance with law. Thus, I answer Point No.1 in the Affirmative.
15. POINT NOs. 2 to 8 : These points are taken together for common discussion as they are emanated from similar set of facts and to avoid repetition of reasoning. In order to set the criminal 22 Spl.CC.No.291/2018 law into motion, P.W.7 laid a complaint against the accused No.1. Complaint is not a encyclopedia. So, the prosecution has examined the complainant. He has deposed that when he was working as Sr. Superintendent of Post Office in Kolar SubDn., Kolar for the period from April 2013 to April 2017, had inspected the Sugatur Branch Post Office on 23/02/2016 as the said post office comes under the jurisdiction of Kolar Postal Division. During inspection, had noticed the shortage of office cash of Rs.1,20,000/ and nonaccounting of SSA deposit amount of Rs.7,000/. Therefore, he called PW1 and entrusted the matter for internal investigation and directed to submit the report. The witness identifies Ex.P.152, the document which contains nonaccounting of Rs.7,000/ in respect of Sukanya Samruddi Scheme Account (SSA) of Sugatur Post Office and inspection report at Ex.P.195. PW1 had submitted the report as per Ex.P.2. Then, P.W.1 23 Spl.CC.No.291/2018 gave complaint to local police. There afterwards, P.W.7 gave complaint to CBI as per Ex.P.196 and produced the documents under receipt memo Ex.P.197. The witness identifies the inspection report, complaint, receipt memo as per Exs.P.195 to 199 and Ex.P.2. As per Ex.P.699, PW7 lodged the complaint to CBI, ACB, Bengaluru and on the basis of the complaint, CBI registered FIR in RC No.18(A)/2016 dated 30/08/2016. The complaint was lodged on the basis of internal investigation report submitted by PW1. After registration of the FIR, the investigation set into motion. Prior to registration of the FIR as per Ex.P.699, PW1 has lodged complaint before the Kolar Rural Police on 05/05/2016 as per the instructions of PW7. On the basis of the complaint, Kolar Rural Police registered FIR against accused No.1 in Cr.No.193/2016 for the offences punishable under Secs.408, 409, 420, 477A of IPC. The complaint was lodged as per Ex.P.209. 24 Spl.CC.No.291/2018 After registration of the case by the CBI, concerned jurisdictional Magistrate had transferred the FIR and complaint to this Court. The aforesaid documents, would establish that, initially PW1 gave complaint as per Ex.P.209 and later on the basis of the internal investigation report of PW1, PW7 lodged complaint before the CBI as per Ex.P.196. The complaint dated 30/08/2016 disclose the accused has committed fraud in respect of 158 accounts to the tune of Rs.46,61,437/.
16. The Ld. Counsel appearing for accused No.1 has argued that the evidence of PWs1 and 7 suffers from contradictions regarding shortage of amount and inspection timings. PW1 and P.W.7 have specifically stated in the crossexamination about nonaccounting of Rs.7,000/ to SSA and shortage of cash of Rs.1,20,000/ and stated the date of inspection. The IO of this case i.e., PW101 has also 25 Spl.CC.No.291/2018 deposed before the Court, on the basis of the complaint of PW7, the office had registered the FIR as per Ex.P.699. The evidence of witnesses corroborates with FIR and complaint as referred above. In addition to this, PW63 Mr.V.Anil Kumar, Postal Assistant, Kolar Head Post Office, Kolar, who accompanied PW7, Sr.Superintendent on the date of inspection has deposed that on 23/02/2016, he accompanied PW7 for inspection of Sugatur Post Office and during inspection, and PW7 found non credit of Rs.7,000/ in SSA account, shortage of office amount to the extent of Rs.1,20,000/, then PW7 telephoned Mr.K.S.PaiPW1, the Assistant Superintendent to come to Sugatur Post Office and instructed him to conduct the internal investigation and submit the report. Accordingly, PW1 had conducted internal investigation in regard to accounts of Sugatur Post Office. So, on the basis of 26 Spl.CC.No.291/2018 complaint, and registration of FIR the criminal law set into motion.
17. The prosecution in order to prove that the accused No.1 has committed fraud and defalcated the funds of customers of post office, has examined the customers in the case as PWs2, 3, 4, 5, 8, 10, 26, 33, 34, 37, 46, 58, 64, 65, 66, 67, 68, 69, 70, 71, 73,75, 78, 81, 82, 83, 84, 89, 97 and 100 in respect of SB account, PWs39, 41, 42, 43, 45, 46, 47, 50, 59, 71, 72, 74, 80, 85, 86, 90, 91, 92, 94, 98 in respect of term deposits, PWs4,15, 20,24, 27, 31,35, 39, 41, 48, 89, 93, 96 and 99 in respect of SSA, P.Ws.17, 21, 30, 40, and 79 in respect of RPLI Accounts, PWs9,11, 12, 16, 18, 19, 22, 23, 25, 28, 29, 32, 38, 44, 49, 51, 56, 60, 64, 65, 66, 70, 72, 86, 87, 88, 100 in respect of RD deposits.
18. PW1 is the important and star witness to the case of the prosecution to prove the modus 27 Spl.CC.No.291/2018 operandi of fraud done by accused No.1 in respect of 158 accounts. He was the Assistant Superintendent and internal investigator. He has deposed that as per the instructions of PW7, he conducted past work verification of accused No.1 as Branch Post Master, Sugatur. During the verification of the accounts with the pass books, journals, books of accounts, he found that accused No.1 had misappropriated the amount, committed forgery, fraud and cheated the innocent depositors/account holders and caused loss to the Post Office. He has further deposed that accused No.1 being the Branch Post Master has to enter the money received from depositors in the concerned journals like SB, TD, RD, SSA and RPLI, but did not made any entries in the journals and daily account book. The accused No.1 issued new pass books to the customers though he had no power to issue. The accused No.1 has misappropriated the amount by receiving the 28 Spl.CC.No.291/2018 same and without crediting to the respective accounts. The accused No.1 did not send the vouchers to the accounts office. He has further deposed that, the payinslips were supposed to be in the possession of the accounts office, but the same were found in the residence of accused No.2 which were recovered at the instance of accused No.1. PW1 further deposed that on verification of payinslips with the branch accounts and passbooks, the entries reflected in the passbooks did not reflect in the branch office accounts and had not sent the passbooks for proper entry in the register of the accounts branch. Further, accused No.1 had withdrawn the amount from the accounts of innocent account holders without their knowledge and misappropriated the same. The accused No.1 made entries in regard to withdrawal of amount in the concerned branch office account, but the same were not reflected in the passbooks. The accused 29 Spl.CC.No.291/2018 No.1 misused the passbooks of other account holders and issued the same to other customers by tearing first 45 pages. The accused No.1 had also made entries in the passbooks for having received the amount from customers, but the same was not credited to their respective accounts. The witness has deposed in evidence with reference to each account. This witness has also deposed about the procedure of deposits and withdrawal of amounts and maintenance of books of accounts. He identified each document before the court. His evidence runs upto 142 pages. The substance of the evidence of P.W.1 is narrated above.
19. To corroborate the evidence of P.W.1, the prosecution has examined, PWs53, 46, 47 and 63 who are the officials of Post Office. PW46 is the Office Assistant, in the Office of Kolar Head Post Office, Kolar. She has deposed before the Court 30 Spl.CC.No.291/2018 that, she has 7 RD accounts in the Post Office, Kolar as per Exs.P.59,63,125.130,131,135 and 136 passbooks. She gave the passbooks to the accounts office for updation. Later, she came to know that the passbooks were missing and thereby she applied and took duplicate passbooks. She identified the passbooks, account opening forms, register extracts in respect of her accounts. She has also stated that some of the pages were missing in the passbooks. There was no entry in the aforesaid passbooks with regard to the account holder's name and address. The cross examination of the witness disclose that a person can open any number of RD accounts in the Post Office. There is no separate procedure for ordinary person and postal official to open the RD account. She has also stated about the procedure of withdrawal of amount from the account. She specifically stated that she handover the passbooks for updation but unable to name the person to 31 Spl.CC.No.291/2018 whom she handover. The evidence of this witness, would clearly establishes that accused No.1 while working as Branch Postmaster in Sugatur Post office, used to attend the Office of Kolar Post Office on work. Further, 7 RD passbooks of PW46 were missing and the same were issued to some other account holders by tearing 45 pages. She pleaded ignorance as to who tore the pages in the passbooks. Definitely, it is not possible to say who tore the pages, because the act was done before her. But, the inference could be drawn that the accused had tore the pages, because the books were found in the house of accused No.2 and same was kept as per request of accused No.1. The accused used to visit the Office, the pass books were missed in the Office. Though this witness was crossexamined, nothing has been elicited to discredit her testimony. 32 Spl.CC.No.291/2018
20. PW47 is the Office Assistant in the office of Sr. Superintendent of Post, Kolar. She deposed that, passbooks Exs.P.133(a), 133(c), 165(a) are all relating to her accounts. She opened RD accounts in the post office. The passbooks were misplaced in the office, when the same were given for updation of the entries. Later, she applied for duplicate passbooks. During the investigation, she came to know that the misplaced passbooks were found in the house of accused No.1. She identified passbooks marked in the case as per Exs.P.133(a), 133(c) and 165(a). During the course of crossexamination, has stated that she handed over the passbooks to the extension post office for updation by reposing confidence on postal authorities, but she unable to name the person to whom she handed over the passbooks for updation. That apart, it has elicited with regard to the procedure for opening of SB, RD accounts and withdrawal of amount. This witness 33 Spl.CC.No.291/2018 has specifically withstood the case of the prosecution that passbooks as per Exs.P.133(a), 133(c), 165(a) which were found in the house of accused No.1 during search are belonged to her. It is for the accused No.1 to explain how he came into possession of the aforesaid passbooks which are handed over to the extension post office of Kolar for updation. The accused has not explained the possession of books except denial even in his examination under Sec.313 of Cr.P.C. Therefore, there is no impediment to consider the search list as per Ex.P.575.
21. PW53 is the Counter Assistant in Kolar Extension Post Office. She knew the accused No.1, who was working as Branch Postmaster in Sugatur Post Office. She has specifically stated that accused No.1 used to visit Kolar Extension Post Office on work. She has stated about the procedure for 34 Spl.CC.No.291/2018 withdrawal of amount. She identified the handwriting and signatures of accused No.1 in the passbooks Exs.P.67, 82, 83, 84, 89 and 118. She has also identified her signatures on the aforesaid documents. In the crossexamination, general suggestions were made, but material evidence was not elicited.
22. The evidence of PWs46, 47, 53 would goes to show that accused No.1 while working as Branch Postmaster of Sugatur Post Office, used to attend Kolar Extension Post Office on work. Further, the passbooks belonged to PWs46 and 47 were handed over to extension post office for updation . The same were seized during search conducted on 15.09.2016 as per Ex.P.575.
23. According to the case of the prosecution, the accused No.1, when he used to visit the extension post office, passbooks were taken by him 35 Spl.CC.No.291/2018 without the knowledge of postal officials and misused the same by tearing first 45 pages, making false entries and issued the same in favour of other account holders.
24. PW63 is also vital witness to the case of prosecution. He is the Postal Assistant in the Office of Sr. Superintendent of Posts, Kolar. He has deposed before the Court about the irregularities and fraud committed by accused No.1 while discharging his duties as Branch Postmaster. The witness identifies the documents before the Court as per Exs.P.6 to 8, 10,12,13,15,17,18, 22 to 176, 177 to 179, 180 to 187, 205 to 208, 218 to 245, 549. 670 to 680 and also identified the 3 closure forms with account opening forms, 3 RPLI receipts as per Exs.P.687 to 695.
25. P.W.1 and 63 in their evidence have categorically deposed that the accused No.1 while 36 Spl.CC.No.291/2018 working as Branch Postmaster, Sugatur Post Office, has committed several things such as (a) accepting the amount and noncrediting the same into the accounts of the account holders, (b) collecting the amount for opening new accounts and not opening the accounts in the names of account holders, (c) collecting the amount for opening new accounts, but issued fictitious passbooks of some other account holders by tearing first 45 pages, (d) making withdrawals from the accounts by closing the accounts without knowledge of the account holders, (e) making withdrawals from the accounts without the knowledge of account holders by keeping the accounts alive. The witnesses were cross examined by the respective defense counsels, but failed to elicit material which favours the accused. They withstood the cross examination. However, before accepting the above evidence, let peruse the evidence of account holders, depositors, IO, 37 Spl.CC.No.291/2018 handwriting expert and procedure of deposits, withdrawal and duty of Branch Post Master.
26. As discussed supra, the evidence of P.W.1, 46, 53 and 63, reveal that when the customer approaches the branch post office for withdrawal of amount more than Rs.5,000/, the accused No.1 i.e., Branch Post Master has to approach Kolar Post Office for payment. The accused No.1 has to attest the signature of account holder at the time of withdrawal of money. After attestation, the Branch Postmaster has to make entries in the passbook for withdrawal of amount. The customer has to submit SB7 application to the Branch Postmaster and after verification of the customers' details, the Branch Postmaster has to make note on the application and submit the same to the accounts office. Thereafter, the Postmaster will verify and process the payment order. Three persons are involved in the process of withdrawal of 38 Spl.CC.No.291/2018 amount of more than Rs.5,000/. If the accounts office find any difference in the signature of the customer, the same will be returned to Branch Post Office with endorsement "please pay on proper identification". Further, post office has maintained the register in the computer system for issuing of passbooks. If the passbook is lost, new passbook will be issued only on the application. Further, the passbook pages contains serial numbers. The evidence of the above witnesses crystal clear that the accused No.1 had not followed the above procedure while withdrawing the amount above Rs.5,000/.
27. The prosecution in order to corroborate the evidence of PWs1 and 63, has examined almost all the account holders in whose accounts' fraud has been played. At this juncture, it is necessary to reproduce the details of the each type of account, 39 Spl.CC.No.291/2018 names of depositors, amount received from customers, balance of amounts of customers as per pass book and amount misappropriated, for better appreciation of evidence and avoid repetition of the facts.
SAVINGS BANK ACCOUNTS :
Sl. Savings Bank Name of the Depositor Balance of Balance Amount PW Exhibits Nos. A/c number amount of amount taken received Nos.
customer's to books of from claim as account at BO customer per the by but not Passbook Sri.S.N.Kumar taken to (') and are books of recorded in Account Ledger A/c either at maintained at Sugatur Accounts BO or at Office as Accounts appearing in Office (') the Statement of Account (') 1 2 3 4 5 6 7 8 1 SB 442028/ Krishnappa 15650 1550 14100 PW67 Ex.P.22 1888268711 S/o Ramappa 2 SB 446616/ H.Nagesh 55000 100 54900 PW5 Ex.P.23 1888285299 S/o Late Hanumappa, 3 SB 418223/ Shamalamma 40400 100 40300 PW2 Ex.P.24 1888082799 W/o Chandrappa S.R 4 SB 438115/ Chikkanagamma 35410 2300 33110 PW97 Ex.P.25 1888345924 W/o N.Laxmanna 5 SB 438827/ Nareppa Shetty 25164 185 24979 PW10 Ex.P.26 1888261156 S/o Krishnaiah Shetty 6 SB 418208/ Rajanna 60440 1455 58985 PW64 Ex.P.27 1888082652 S/o Venkatappa 7 SB 442305/ Muniyamma 36006 106 35900 PW58 Ex.P.28 1888309063 W/o late Chinnappa 40 Spl.CC.No.291/2018 8 SB 442184/ Meenakshamma 12165 1565 10600 PW33 Ex.P.29 1888303504 W/o Srinathachari 9 SB 439909/ S.N.Srinathachari 9000 1200 7800 PW34 Ex.P.30 1888318324 S/o Late Nanjundachari 10 SB 429828/ Muniyamma 2000 100 1900 PW1 Ex.P.31 1888130155 W/o Chinnappa 11 SB 442368/ Umavathi 2100 100 2000 PW66 Ex.P.32 1888314043 W/o Narasimha 12 SB 445444/ Venkatalakshmamma 14019 119 13900 PW1 Ex.P.33 1888273593 D/o Late Nanjappa 13 SB 449661/ Gudiyappa 400 100 300 PW78 Ex.P.34 1888211311 S/o Bhemanna 14 SB 445408/ Gudegowda 2800 200 2600 PW78 Ex.P.35 1888273234 S/o Bhemanna 15 SB 439679/ Rajalakshmi 11600 100 11500 PW8 Ex.P.36 1888312506 W/o Lokesh 16 SB 439774/ Vijaya Kumar 5600 100 5500 PW1 Ex.P.37 188831301 S/o Srinivas 17 SB 418114/ S.Kavitha 7500 3232 4268 PW1 Ex.P.38 1888081730 D/o Srinivasachari 18 SB 440907/ S.V.Pushpa 5700 150 5550 PW65 Ex.P.39 1888341513 W/o Deva Rajesh 19 SB 440828/ S.K.Venkateshaiah 7500 1502 5998 PW65 Ex.P.40 1888336700 Setty S/o T.V.Krishnaiah Setty 20 SB 445577/ S.D.Sunanda 29012 512 28500 PW37 Ex.P.41 1888274903 W/o Chikkannachari 21 SB 445487/ C.Nanjunda Gowda 4540 1540 3000 PW1 Ex.P.42 1888274026 S/o Late Chikkegowda 22 SB 446183/ Lakshmidevamma 1302 302 1000 PW89 Ex.P.43 1888280966 W/o Kodanadaramaraju 23 SB 442122/ Shankaramma 6952 552 6400 PW1 Ex.P.44 1888302880 W/o Late Ramappa 24 SB 439756/ Nethra 11843 4223 7620 PW26 Ex.P.45 1888312940 D/o Seenappa 25 SB 418144/ Shanaz 1064 64 1000 PW1 Ex.P.46 1888082034 W/o Syed Habeeb 26 SB 429557/ K.Shankarappa 20322 382 19940 PW68 Ex.P.47 1888134269 S/o S.B.Kenchappa 27 SB 442238/ Rathnamma 2006 106 1900 PW100 Ex.P.48 41 Spl.CC.No.291/2018 1888308394 W/o Govindegowda 28 SB 438288/ Chandrappa 5074 174 4900 PW3 Ex.P.49 1888346617 S/o Ramappa 29 SB 437671/ Smt.Lakshmidevamma 5183 868 4315 PW1 Ex.P.50 1888335222 W/o V.Nanjunda 30 SB 439588/ Madhuravani 20631 424 20207 PW84 Ex.P.51 1888307625 W/o Anil Kumar 31 SB 439588/ Rekha 42409 3509 38900 PW4 Ex.P.52 1888266496 W/o Dhruva Kumar 32 SB 439583/ Anandamurthy 42449 1669 40780 PW75 Ex.P.53 1888307571 S/o Munivenkappa 33 SB 438499/ Ramakka 4531 631 3900 PW1 Ex.P.54 1888352069 W/o Rangappa 34 SB 446145/ Susheelamma 305 105 200 PW82 Ex.P.55 1888280584 W/o Late Nagaraju 35 SB P.Venkateshappa 35749 25249 10500 PW1 Ex.P.56 3136810314 S/o Late Pillappa 36 SB 418035/ Sri.Shivanna 5742 742 5000 PW83 Ex.P.57 1888080993 S/o Bheemanna 37 SB 446617/ Rajamma 50000 63.00 50000 PW71 Ex.P.58 1888285305 W/o Rajappa A/c belongs to Laxmidevamma 38 SB 291969/ Asha. K 18000 750 18000 PW6 Ex.P.59 1888203286 D/o Gullamma A/c belongs to R.Rukmini 39 SB 290676/ Bhagyamma 13470 100 13470 PW69 Ex.P.60 1888190487 W/o T.Srinivasappa A/c belongs to Muniraju 40 SB Yashodamma 13000 1000 13000 PW73 Ex.P.61 8211472/ W/o Nagegowda A/c belongs 1888378168 to Janhavi D/o Roopa 41 SB 449667/ S.Jayalakshmi 5000 103 5000 PW70 Ex.P.62 1888211373 D/o Srinivasappa A/c belongs to N.Ramappa 42 SB 291522/ Munivenkatappa 2100 1050 2100 PW46 Ex.P.63 1888201732 S/o Late Narasimhappa, A/c belongs Sugatur, Kolar to R.Rukmini 43 SB 450130/ YA Mamatha 72050 100 72050 PW1 Ex.P.64 1888229057 W/o S.V.Prakash A/c In the 42 Spl.CC.No.291/2018 Kondandaramaraju name of Kodanadaramaraju 44 SB 449560/ Muniyappa 600 103 600 PW81 Ex.P.65 1888177006 S/o Late Baichappa A/c belongs to Dodda krishnappa Total 761788 55316 706472
28. The prosecution has examined the account holders PWs2, 3, 4, 5, 8, 10, 26, 33, 34, 37, 46, 58, 64, 65, 66, 67, 68, 69, 70, 71, 73,75, 78, 81, 82, 83, 84, 89, 97 and 100 in respect of SB account. All the above witnesses in their evidence have categorically deposed that they have opened SB accounts in Sugatur Post Office and used to deposit the amount in their respective accounts by paying the money to the accused No.1. The accused No.1, after receipt of money had made entries in the passbooks by putting his signature and office seal. Later, the account holders came to know about the misappropriation of amount in the Post Office. Thereafter, they approached Kolar Post Office and 43 Spl.CC.No.291/2018 made enquiry. The postal authorities have enquired the account holders and collected the passbooks with details of deposits. The witnesses have identified their passbooks, account opening forms, letters marked in the case.
29. It is quite interesting to state that during the course of crossexamination of witnesses, it was suggested that accused No.1 being Branch Post Master, used to make entries in the pass books after receipt of money by putting his signature and office seal. This suggestion supports the case of the prosecution and establishes that accused No.1 being the Branch Postmaster had received the money from the account holders to credit the same into their accounts. Importantly, the accused in his examination under Sec.313(1)(b) of Cr.P.C has specifically admitted about receipt of money from the account holders and made entries in the passbooks. 44 Spl.CC.No.291/2018 He further admitted his signatures and handwritings found in the passbooks, account opening forms. The question is whether the received amount was credited to the respective accounts or not. It is for the accused to explain where the money goes?.
30. At this juncture, the sole question which requires to be considered is whether the burden of proof can be shifted upon to the accused. No doubt, it is the settled principle of law that burden of proof never shifts from prosecution that to accused. At the same time, the prosecution need not prove each and every aspect and the fact which is within the special knowledge of accused is required to be explained by him as per Ex.P.106 of Indian Evidence Act. It is the settled principle of law that as per Section 106 of Indian Evidence Act, the facts which are within the 45 Spl.CC.No.291/2018 special knowledge of accused is required to be explained by him.
31. It is the settled principle of law laid down by the Hon'ble Apex Court that each and every aspect need not be established by the prosecution. The Hon'ble Apex Court in the decision reported in (2000) 8 SCC 382 ( State of W.B. Vs. Mir Mohammad Omar) wherein it was held as:
"31. The pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The doctrine of presumption is not alien to the above rule, nor would it impair the temper of the rule. On the other hand, if the traditional rule relating to burden of proof of the prosecution is allowed to be wrapped in pedantic coverage, the offenders in serious offences would be the major beneficiaries and the society would be the casualty. In this case, when the prosecution succeeded in establishing the aforenarrated circumstances, the court has to presume the existence of certain facts. Presumption is a course recognised by the law for the court to rely on in conditions such as this. Presumption of fact is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such 46 Spl.CC.No.291/2018 inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position".
The above principle has gained legislative recognition in India when Section 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process, the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case. When the said principle is appreciated with the case on hand, definite burden will be casted upon the accused to explain certain circumstances. In this regard, the court for limited purposes has looked into the statement recorded under Section 313 of Cr.P.C since it is time and again held that the stage of recording the statement 47 Spl.CC.No.291/2018 under section 313 of Cr PC is not bald entity and infact an opportunity is given to the accused to explain the incriminating circumstances available against him. As discussed above, the burden of proof though will not be shifted upon from the Prosecution, but at times, when initial burden is discharged as held the in the aforesaid dictum, the same will be transferred onto the accused person to explain the circumstances which was within his special knowledge. It is made clear at this juncture that the court is not relying upon the said statement for the purpose of drawing any inference against the accused No.1, but only to ascertain whether any explanation has been given by the accused probablise his defense or not.
32. In respect of 44 SB accounts, accused No.1 had misappropriated the amount to the extent of Rs.7,06,472/ as morefully mentioned in the table as 48 Spl.CC.No.291/2018 referred above. Though the witnesses were cross examined by the defence counsel appearing for accused No.1, nothing has been elicited to disbelieve their testimonies. The evidence of account holders corroborates with evidence of PWs1 and 63 and so also with the documents marked in the case. The witnesses have specifically denied the suggestion of defence counsel that they have deposed falsehood before the Court. Importantly, there is no evidence before the court that why the witnesses have deposed against accused No.1. Therefore, the admission made in the cross examination of the witnesses establishes the case of prosecution relating to receipt of money from SB account holders and non credit of amount to their respective accounts.
TERM DEPOSITS(TD) 49 Spl.CC.No.291/2018
33. The details of 25 TD account holders as follows :
Sl. A/c number Name of the Depositor Balance of Balance Amount PW Exhibits Nos. amount of amount taken received Nos.
customer's to books of from claim as account at BO customer per the by but not Passbook Sri.S.N.Kumar taken to (') and are books of recorded in Account Ledger A/c either at maintained at Sugatur Accounts BO or at Office as Accounts appearing in Office (') the Statement of Account (') 1 2 3 4 5 6 7 8 1 TD 42990 S.Ramamurthy 20000 A/c closed on 20000 PW80 Ex.P.114 S/o Govindappa 16.05.2015 2 TD 42972 N.Pavitra 50000 A/c closed on 50000 PW90 Ex.P.115 20.04.2015 3 TD 43034/ Devika B.K 10000 A/c closed on 10000 PW72 Ex.P.116 1888258569 W/o S.N.Nagaraj 09.01.2016 4 TD 43008 Lakshmidevamma 60000 A/c closed on 60000 PW92 Ex.P.117 W/o Seenappa 28.04.2015 5 TD 43066/ Narayanamma 20000 A/c closed on 20000 PW1 Ex.P.118 1888172100 W/o Narayanappa 02.02.2016 C/o R.Krishnappa 6 TD 43001 Rajamma 20000 A/c closed on 20000 PW1 Ex.P.119 W/o H.Venkatappa 17.01.2015 7 TD 43074/ Rajamma 50000 A/c closed on 50000 PW71 Ex.P.120 1888172179 W/o Rajappa 28.01.2016 8 TD 42957 Gopalappa 15000 A/c closed on 15000 PW1 Ex.P.121 S/o Munishamappa 13.06.2015 9 TD 289512/ Kadiramma 50000 25.00 50000 PW85 Ex.P.122 1888175583 W/o Narayanappa A/c belongs to B.N.Netravati 50 Spl.CC.No.291/2018 10 TD 449607/ Kadiramma 90000 103 90000 PW85 Ex.P.123 1888210772 W/o Narayanappa A/c belongs to Pillamma 11 TD 289515/ Muniyamma 10000 25.00 10000 PW76 Ex.P.124 1888175613 W/o Naraynappa A/ c belongs to B.N.Netravati 12 TD 291624/ Venkatarathna 70000 1000 70000 PW39 Ex.P.125 1888205631 W/o S.N.Rajendra A/c belongs PW46 to R.Rukmini 13 TD 449653/ Venkatarathna 70000 10000 A/c 70000 PW1 Ex.P.126 1888211236 W/o S.N.Rajendra belongs to Saraswathma 14 TD 289516/ Jayamma 15000 25.00 15000 PW1 Ex.P.127 1888175620 W/o Venkatavanappa A/c belongs to B.N.Netravati 15 TD 449662/ Laxmidevamma 30000 100 30000 PW74 Ex.P.128 1888211328 W/o M.G.Naryana A/c belongs Swamy to Anjinappa 16 TD 289509/ Shaylaja 5000 25.00 5000 PW98 Ex.P.129 1888175552 W/o Manjunatha A/c belongs to B.N.Netravati 17 TD 291677/ Chowdareddy 40000 950 40000 PW46 Ex.P.130 1888206164 Ankathatti A/c belongs PW41 to R.Rukmini 18 TD 291461/ S.B.Chandra 10000 1100 10000 PW46 Ex.P.131 1888201121 S/o Beerappa A/c belongs PW50 to R.Rukmini 19 TD 289556/ Munivenkatappa 10000 25.00 10000 PW1 Ex.P.132 1888175569 S/o Subbappa A/c belongs to B.N.Netravati 20 TD 290437/ Bhagyamma 20200 3080 20200 PW47 Ex.P.133 1888188118 W/o Narayanaswamy.C A/c belongs PW45 to Geeta.S 21 TD 289510/ Obalesha 5000 25.00 5000 PW59 Ex.P.134 1888175569 S/o Chinnappa A/c belongs to Netravati 22 TD 291817/ Praveen 1000000 1050 1000000 PW46 Ex.P.135 1888198384 S/o Late Narayanappa A/c belongs PW43 to R.Rukmini 51 Spl.CC.No.291/2018 23 TD 291767/ Gowaramma 200000 500 200000 PW46 Ex.P.136 1888198872 W/o Narayanappa A/c belongs PW43 to R.Rukmini 24 TD 289518/ Sundaramma 25000 25.00 25000 PW91 Ex.P.137 1888175644 W/o Puttachary A/c belongs to B.N.Netravati 25 TD not Munegowda 51000 A/c not 51000 PW94 Ex.P.138 opened S/o Sathyappa opened & passbook not issued Total 1046200 - 1046200
34. According to the case of prosecution there are 25 term depositors in the case. The prosecution has examined the depositors as PWs39, 41, 42, 43, 45, 46, 47, 50, 59, 71, 72, 74, 80, 85, 86, 90, 91, 92, 94, 98. The witnesses have deposed that they have deposited the amount in their accounts as stated in column No.6 of the table by giving the money to the accused who was working in the post office as Branch Post Master. They have not withdrawn the amount from their accounts except the entries made in the passbooks. The column No.4 52 Spl.CC.No.291/2018 disclose the balance amount of customers. There is difference in the amount.
35. PW72 the depositor has deposed that, she opened TD account as per Ex.P.116, but she did not close the account. The accused No.1 had received her passbook saying he would calculate interest on the deposit amount. Later, she came to know about the withdrawal of the amount from her account. She had not signed the premature withdrawal forms. Her account was closed on 09/01/2016. The signatures on the closure forms at Exs.P.116(d) and (e) were not signed by her. But it finds the signature of accused No.1 as per the evidence of expert and the evidence of PWs1 and 63.
36. Likewise, PW90 depositor also deposed before the Court that she gave Rs.50,000/ to accused No.1 to deposit into her account for a period of 5 years. Accused No.1 after receipt of the 53 Spl.CC.No.291/2018 amount, made entries by putting his signature and seal in the passbook. But, the amount was not credited to the account. She never requested the accused to open SB account in her name and also not withdrawn any amount from SB account. The document Ex.P.72 depicts that accused opened the SB account in the name of PW90 without her knowledge. The documents find the signature of accused No.1 as per the evidence of expert and the evidence of PWs1 and 63.
37. PW80 is the depositor. According to his evidence, he opened TD account and deposited Rs.20,000/. He paid the money to accused No.1 to deposit the same in his name. The accused had issued passbook for having received the amount. He signed and put the office seal. After 4 years, P.W.80 came to know that accused No.1 misused the deposit amount. He had not withdrawn any amount. He 54 Spl.CC.No.291/2018 had not opened the SB account in his name. He identified the SB account passbook as per Ex.P.114(c), account opening form Ex.P.114(h). He admits his signature in the first page of the account opening form at Ex.P.670(b) denied signatures found on next page. This witness in his cross examination has denied the statement given before the CBI as per Ex.D.14. According to evidence, P.W.80 had deposited the amount in the year 2009, 2010 and 2011. Though accused received the money from PW80, inspite of request had not issued passbook regarding deposit of amount. EX.D.14 is respect of information by the Post Office to come to Kolar for verification. EX.D.14 is not a material evidence. Except eliciting the statement as per Ex.D.14, nothing has been elicited to disbelieve the evidence of PW80. The PW80 has deposited Rs.20,000/, but the account was closed on 16/05/2015 as per Exs.P.114(b) and 114(c) without 55 Spl.CC.No.291/2018 the knowledge of the depositor. The Branch Post Master i.e., accused No.1 has to explain under what circumstance he closed the account without knowledge of depositor. Except formal denial has not established any defense to explain the circumstance.
38. PW92 is the depositor. He has deposited Rs.60,000/ for a period of 5 years. He paid the amount to accused No.1 to deposit the same into his account. Accused No.1 had issued passbook by making entries. He had not withdrawn any amount and opened any other account in Sugatur Post office. He denied the signature on the account closure form and SB account opening form as per Exs.P.117(d), 117(e) and 671. In the cross examination, it has elicited to deposit the amount, the customer has to submit the application with details. The witness has denied the suggestions that 56 Spl.CC.No.291/2018 he consented to close account. The evidence of expert disclose that signature found on Exs.P.117(d), 117(e) ad 671 are made by the same person one who signed the admitted and specimen signatures. Therefore, it is clear that the SB account was opened in the name of P.W.92 and closed TD account without the knowledge of the customer.
39. PW85, the depositor has deposed that she opened 2 TD accounts in Sugatur Post Office and deposited Rs.50,000/ and Rs.90,000/ respectively. The accused No.1 had issued passbooks for two accounts. She had not withdrawn the amount, but amount was not accounted to accounts office. The passbooks Exs.P.122(c), 123(c) disclose that first 4 pages were tore. The passbooks belonged to B.N.Netravati W/o accused No.1 and one Pillamma. She denied the entire suggestions of defense counsel. From the evidence of this witness, it is 57 Spl.CC.No.291/2018 clear that though accused No.1 had received the amount of Rs.50,000/ and Rs.90,000/, had not deposited into the account and had issued other's passbooks to PW85. Likewise, the accused No.1 had issued passbooks of others to PWs39, 41, 42, 43, 45, 50, 59, 74 and 91.
40. PW42 is the brother of account holder Praveen. Account holder is mentally challenged. PW42 had deposited Rs.1,00,000/ in the name of his brother Praveen. The said amount was paid to accused No.1. Accused had issued passbook as per Ex.P.135(a) which belonged to Rukmini. The evidence of PW43 it is clear that accused issued passbook of Rukmini to PW43 for having received the amount of Rs.2,00,000/. The passbook does not disclose about the deposit of amount of Rs.1,00,000/ or Rs.2,00,000/ in the accounts of PWs42 and 43. Therefore, the aforesaid evidence, 58 Spl.CC.No.291/2018 buttress and corroborates with the evidence of PW1, internal investigator that the accused misused the deposits and issued others passbooks to someone else. The passbooks find the signatures of accused No.1. He has failed to explain why he had issued other's passbook to P.W.42 and 43.
41. Here in the case, evidence as discussed above and corresponding documents substantiates that the accused No.1 had withdrawn the money from the accounts of depositors and closed the accounts of PWs71, 72, 80, 90 and 92 without their knowledge. The accused had also issued passbook of his wife B.N.Netravati to PW85, passbook of Pillamma to PW85, passbook of Netravathi to PW6, passbooks of Rukmini to PWs39 and 46, passbook of Saraswathamma to Jayamma, passbook of Anjinappa to Lakshmidevamma, passbook of Netravati to Shaylaja, passbook of Rukmini to 59 Spl.CC.No.291/2018 Chowda Reddy, passbook of Netravati to Munivenkatappa, passbook of Geeta to Bhagyamma, passbook of Netravathi to Oblesh, passbook of Rukmini to Gowaramma, passbook of Netravati to Sundramma as mentioned in the table. The accused No.1 had issued the passbooks of account holders which belongs to others by tearing the first 45 pages. Further, he had not opened the account and not issued the passbook to PW94 Munegowda though received the amount of Rs.51,000/. As per the evidence of witnesses, he had not requested the accused No.1 for closure of account and also he was not aware of withdrawal of deposit. Exs.P.114 to 121 are TD accounts pass books which were closed by accused No.1 without the knowledge of the customers. As per the loss assessed by the IO with the assistance of PW63, a sum of Rs.10.46,200/ was misappropriated by A1 from 25 TD accounts. 60 Spl.CC.No.291/2018
Sukanya Samruddi Accounts (SSA) :
42. The details of 27 SSA account holders as follows :
Sl. A/c number Name of the Depositor Balance of Balance Amount PW Exhibits Nos. amount of amount taken received Nos.
customer's to books of from claim as account at BO customer per the by but not Passbook Sri.S.N.Kumar taken to (') and are books of recorded in Account Ledger A/c either at maintained at Sugatur Accounts BO or at Office as Accounts appearing in Office (') the Statement of Account (') 1 2 3 4 5 6 7 8 1 SSA Kalyani 14000 2000 12000 PW99 Ex.P.139 8212087/ D/o Padmamma 1888390122 2 SSA Lavanya .R 40000 5000 35000 PW35 Ex.P.140 8211959/ D/o Radhamma 1888391013 3 SSA Supriya 9000 1000 8000 PW41 Ex.P.141 8211729/ D/o Chowdareddy 1888386675 4 SSA Anushree 7000 2000 5000 PW93 Ex.P.142 8212022/ D/o Venkatarathnamma 1888394328 5 SSA Anuvitha 8000 2000 6000 PW93 Ex.P.143 8212023/ D/o Venkatarathnamma 1888394335 6 SSA Nandini 9000 3000 6000 PW14 Ex.P.144 8211478/ D/o Neelamma 1888378229 7 SSA Anushree 10000 2000 8000 PW1 Ex.P.145 61 Spl.CC.No.291/2018 8211267/ D/o Lakshmi 1888373972 8 SSA V.Pallavi 13500 3000 10500 PW13 Ex.P.146 8211268/ D/o Ranthamma 1888373989 9 SSA Ananya Bharadwaj 11000 3000 8000 PW1 Ex.P.147 8211441/ D/o Gayathri 1888377857 10 SSA Apoorva Bharadwaj 11000 3000 8000 PW1 Ex.P.148 8211443/ D/o Gayathri 1888377871 11 SSA Spandhana 21000 5000 16000 PW87 Ex.P.149 8211320/ D/o Manjula S.V 1888368022 12 SSA Nivedita 4400 1000 3400 PW1 Ex.P.150 8211241/ D/o Drakshayani 1888373712 13 SSA Krushika 14000 2000 12000 PW31 Ex.P.151 8211494/ D/o Asha 1888378380 14 SSA Chandana. S 10000 3000 7000 PW20 Ex.P.152 8211272/ D/o Lakshmidevi 1888374023 15 SSA Afreen 6300 2173 4127 PW27 Ex.P.153 8211272/ D/o Shabana 1888386842 16 SSA Kavyashree 4200 1000 3200 PW1 Ex.P.154 8211487/ D/o Mamatha 1888378311 17 SSA Priyadashini 4000 2000 2000 PW1 Ex.P.155 8211483/ D/o Padmamma 1888378274 18 SSA Manasa 10000 2169 7831 PW15 Ex.P.156 8211987/ D/o Munilakshmi 1888378274 19 SSA Gunashree. S 22000 1000 21000 PW24 Ex.P.157 8211482/ D/o Vedavathi, 1888378267 Srinivas B.R 20 SSA Umeumaraz 3100 1400 1700 PW48 Ex.P.158 8211484/ D/o Rizwana Sultana 1888378281 21 SSA Aniktha 6000 1500 4500 PW96 Ex.P.159 62 Spl.CC.No.291/2018 8211724/ D/o Nagarathnamma.S 1888386620 22 SSA Sadiya Sulthana 2130 1630 500 PW1 Ex.P.160 8211454/ D/o Yasmin Taj 1888377987 23 SSA Zoya Tabassum 2130 1630 500 PW1 Ex.P.161 8211456/ D/o Yasmin Taj 1888378007 24 SSA N.Sparsha 10000 25.00 10000 PW1 Ex.P.162 289513/ D/o Gayathramma A/c belongs 1888175590 to B.N.Netravati 25 SSA S.R.Kavya 9000 100 9000 PW39 Ex.P.163 289700/ D/o Venkatarathnamma A/c belongs 1888181812 to Venkatamma W/o Laxmanna 26 SSA Harsha 5000 25.00 5000 PW1 Ex.P.164 289514/ D/o Bhagyamma A/c belongs 1888175569 W/o Poojesh to B.N.Netravati 27 SSA Madhu 7000 2900 7000 PW47 Ex.P.165 289965/ D/o S.K.Ramadevi.W A/c belongs PW89 1888184455 to S.Geeta Total 272760 51502 221258
43. The prosecution has examined account holders of SSA scheme depositors PWs4,15, 20,24, 27, 31,35, 39, 41, 48, 89, 93, 96 and 99. These witnesses are mothers, fathers, and grandmothers of the minor account holders. They have categorically and consistently deposed before the court that they opened SSA accounts in their 63 Spl.CC.No.291/2018 children's names and deposited the amount in SSA accounts through accused No.1 as mentioned in the table. The evidence witnesses reveal that accused No.1 had received the amounts and made entries in the passbooks but the amount was not taken to the Books of Accounts at Branch office and did not send the cash and payinslips vouchers to accounts office for updation of customers ledger of accounts. The evidence of PWs1 and 63 corroborates with the evidence of customers and it reveal that accused No.1 had received the amounts from the customers as mentioned in column No.6 of the table, but not credited to their accounts. The balance amount mentioned in the Books of Accounts at Branch Office is less than the amount deposited by the depositors. The cross examination of witnesses itself supports the case of prosecution that the accused No.1, had received the money from the customers and made entries in the passbooks by putting his 64 Spl.CC.No.291/2018 signature and office seal. But he did not account the same to the accounts office. PW1 has identified the handwriting of accused No.1 in payinslips, deposit vouchers of all the 27 customers. Accused No.1 had issued passbooks of some genuine account holders to other depositors by making entries in the passbooks by tearing initial pages of the book, but did not mention in the branch office accounts. As per Exs.P.162 to 165, it clearly goes to show that accused No.1 had issued passbooks in the name of Kum.N.Sparsha, Kum.S.R.Kavya, Kum.Harsha and Kum.Madhu, which were issued to B.N.Netravati, Venkatamma and Geetha. According to the evidence of PW7, when he inspected the Sugatur Branch Post office, he found shortage of cash of Rs.1,20,000/ and nonaccounting of Rs.7,000/ in SSA accounts as per Ex.P.152.
65 Spl.CC.No.291/2018
44. The evidence of PW20 would goes to show that, she opened the account in her daughter's name Chandana. She paid the amount to accused No.1, but he had not credited to the account and also had not made entries in the registers extracts. Accused No.1 had also tore the pages of the passbooks of genuine account holders ad issued to other customers. The evidence of expert PW57 also establishes the handwriting of accused No.1 in the passbooks as per Ex.P.165(a), 164(c), 164(d), 164(f). From the evidence of above witnesses and documents referred above, it clearly establishes that accused No.1 had misappropriated the amount of Rs.2,21,258/ as mentioned in column No.6 of the table from 27 SSA accounts.
Rural Postal Life Insurance (RPLI) :
45. The details of RPLI are given below:
Sl. RPLI Policy Name of the Depositor Balance of Balance Amount PW Exhibits Nos. Number amount of amount taken received Nos.
customer's to books of from claim as account at BO customer 66 Spl.CC.No.291/2018 per the by but not Passbook Sri.S.N.Kumar taken to (') and are books of recorded in Account Ledger A/c either at maintained at Sugatur Accounts BO or at Office as Accounts appearing in Office (') the Statement of Account (') 1 2 3 4 5 6 7 8 1 PLIR-/KT- S.N.Ambarish S/o 2149 1515 634 PW1 Ex.P.166 EA 686643 S.K.Narayanaswamy 2 PLI R- KT- Altaf Pasha 37900 32530 5444 PW1 Ex.P.167 EA 392068 S/o Syed Sardar 3 PLIR- KT- S.G.Ganesh Reddy 21938 5204 16734 PW79 Ex.P.168 EA 396940 S/o Govindaraja Shetty 4 PLI R-KT- Shakuntalamma V.R 44410 9303 35107 PW21 Ex.P.169 EA 396856 W/o Govindarajashetty 5 PLIR-KT- Suvarna 4893 1083 3810 PW40 Ex.P.170 EA 993057 W/o Venkateshappa 6 PLIR-KT- Rajamma 27657 26494 1163 PW71 Ex.P.171 EA 337064 W/o Rajappa 7 PLIR-KT- Narayanaswamy 18575 16099 2476 PW1 Ex.P.172 EA 397074 S/o Lakshmana 8 PLIR-KT- Parwathamma 15933 13662 2271 PW1 Ex.P.173 EA 397144 W/o Narayanaswamy 9 PLIR-KT- Akkachamma 10821 9861 960 PW17 Ex.P.174 EA 538640 W/o Venkataravanappa 10 PLIR-KT- Somashekar S.N 13034 - 13034 PW30 Ex.P.175 EA 992756 S/o Narayanappa 11 PLIR-KT- Somashekar 33964 11812 22152 PW30 Ex.P.176 EA 494098 S/o Naraynappa Total 231274 127563 103711
46. In respect of RPLI accounts, the prosecution has examined P.Ws.17, 21, 30, 40, and 67 Spl.CC.No.291/2018 79 in addition to PW1 and 63. The evidence of PW 40 would goes to show that, she opened RPLI account in Sugatur Post office and paid premium to the accused No.1. The accused No.1 had received the amount and put the date, seal and sign in the passbook as per Ex.P.170(b). The accused No.1 in his examination under Sec.313 of Cr.P.C has admitted his signature and handwriting in passbook seized by CBI. Further, Ex.P.434 dated 31/07/2015, Ex.P.484 dated 26/10/2015, the Branch Office daily account register does not disclose the receipt of premium from the insured person.
47. PW79 in his evidence has deposed that, he opened insurance policy in Sugatur Post Office and paid monthly premium of Rs.240/ and paid the amount to accused No.1, to credit the same to the account, in turn accused No.1 issued passbook by putting his signature and Office seal. PW79 had 68 Spl.CC.No.291/2018 paid premium nearly for a period of 7 years. According to the witness, he paid Rs.16,734/ but the balance shown in the account register was Rs.5,204/.
48. The evidence of PWs1 and 63 corroborates with evidence of insured persons/customers regarding receipt of amount by accused No.1 and noncrediting to the Books of Accounts. The accused had also not passed the vouchers for updating in the register accounts of customers at the accounts office. The evidence of policy holders and P.W.1 and 63 coupled with documents, which establishes and proves that the accused No.1 had misappropriated the amount of Rs.1,03,711/ as shown in column No.6 of the above table in respect of 11 RPLI accounts.
Recurring Deposit Accounts (RD) :
49. The details of RD accounts as here under: 69 Spl.CC.No.291/2018
Sl. A/c number Name of the Depositor Balance of Balance of Amount PW Nos. Exhibits Nos. amount of amount taken received customer's to books of from claim as account at BO customer per the by but not Passbook Sri.S.N.Kumar taken to (') and are books of recorded in Account Ledger A/c either at maintained at Sugatur Accounts BO or at Office as Accounts appearing in Office (') the Statement of Account (') 1 2 3 4 5 6 7 8 1 RD 288584/ Saraswathamma 6000 4600 1400 PW1 Ex.P.66 1888225868 W/o Late Ramaswamy 2 RD 291663/ Narasamma 7200 4800 2400 PW44 Ex.P.67 1888206027 W/o Late Laxmaiah 3 RD 291827/ Krishnamma 3000 800 2200 PW51 Ex.P.68 1888198971 W/o Kadirappa 4 RD 287798/ Nagaveni. M 8600 7000 1600 PW16 Ex.P.69 1888173756 W/o Shivanna 5 RD 287389/ Nanamma 4700 3700 1000 PW1 Ex.P.70 1888258910 W/o Subbanna 6 RD 291826/ Kanthamma 3200 800 2400 PW49 Ex.P.71 1888198964 W/o S.T.Gundappa 7 RD 286609/ Narayanamma 5700 4800 900 PW60 Ex.P.72 1888242070 W/o Ramappa 8 RD 288560/ Srinivasappa S/o 15500 11000 4500 PW70 Ex.P.73 1888225622 Late Thimmarayappa 9 RD 292165/ Rajeshwari.S, W/o 6000 1000 5000 PW19 Ex.P.74 1888199442 Sathyanarayana Setty 10 RD 287606/ Pramelamma, 8600 7200 1400 PW1 Ex.P.75 1888259771 W/o Krishnaiah Shetty 11 RD 288008/ Devika B.K 18500 16500 2000 PW72 Ex.P.76 1888179628 W/o S.N.Nagaraju 12 RD 292166/ Sathyanarayana Setty 6000 1000 5000 PW12 Ex.P.77 1888199459 S/o Krishnaiah Shetty 13 RD 287799/ Umavathi 8600 7000 1600 PW66 Ex.P.78 1888173763 W/o Narasimha 70 Spl.CC.No.291/2018 14 RD 287971/ Padmamma, W/o 8000 5800 2200 PW38 Ex.P.79 1888179307 Late Narayanaswamy 15 RD 289698/ B.M.Chowdareddy 14000 8500 5500 PW32 Ex.P.80 1888181799 S/o Munihanumappa 16 RD 289593/ B.M.Chowdareddy 14000 8500 5500 PW32 Ex.P.81 1888180747 S/o Munihanumappa, Byappanahalli 17 RD 288450/ Shantha Kumar. R 7000 6000 1000 PW95 Ex.P.82 1888220238 S/o Ramaswamy 18 RD 288451/ Shantha Kumar. R 7000 6000 1000 PW95 Ex.P.83 1888220245 S/o Ramaswamy 19 RD 288452/ Shantha Kumar. R 7000 6000 1000 PW95 Ex.P.84 1888220252 S/o Ramaswamy 20 RD 287976/ Parvathamma 7200 5600 1600 PW1 Ex.P.85 1888179338 W/o Krishnappa 21 RD 287975/ Parvathamma 7200 5600 1600 PW1 Ex.P.86 1888179345 W/o Krishnappa 22 RD 287976/ Parvathamma 3600 2700 900 PW1 Ex.P.87 1888179345 W/o Krishnappa 23 RD 290712/ S.N.Janhavi 12500 8500 4000 PW28 Ex.P.88 1888190845 D/o Nanjundeshwara 24 RD 290842/ Kavitha. S 5000 3600 1400 PW1 Ex.P.89 1888192108 D/o Kavithachari 25 RD 290462/ Narayanamma 8400 4800 3600 PW1 Ex.P.90 1888188361 W/o Narayanappa 26 RD 287100/ Chinnamma, W/o 10200 8200 2000 PW77 Ex.P.91 1888253243 Late Thimmarayappa 27 RD 291907/ T.Srinivasa 1800 400 1400 PW1 Ex.P.92 1888202678 S/o Late M.Thimmappa 28 RD 288213/ Narayanamma 18500 13500 5000 PW25 Ex.P.93 1888214275 W/o Jayaramaiah 29 RD 292185/ Dasappa 5000 1000 4000 PW23 Ex.P.94 1888199640 S/o Venkataravanappa 30 RD 291670/ Sunandamma 3600 2200 1400 PW18 Ex.P.95 1888206096 W/o Dasappa 31 RD 288674/ Rathnamma 15000 13000 2000 PW100 Ex.P.96 1888231098 W/o Govindegowda 32 RD 288552/ Rajanna 2200 1000 1200 PW64 Ex.P.97 1888225547 S/o Late Venkatappa 33 RD 287824/ B.M.Chandrappa 4400 3800 600 PW29 Ex.P.98 71 Spl.CC.No.291/2018 1888173930 S/o Muniyappa 34 RD 287516/ Manjula, 7800 7200 600 PW22 Ex.P.99 1888259504 W/o Late Nagaraj 35 RD 286345/ Venkatamma 18000 Nil 18000 PW96 Ex.P.100 1888236796 W/o Kadirappa 36 RD 290757/ Lakshmamma 7500 5400 2100 PW1 Ex.P.101 1888191279 D/o H.Chikkamuni Venkatappa 37 RD 292234/ Munivenkatamma 3500 500 3000 PW1 Ex.P.102 1888200131 D/o Munivenkatappa 38 RD 286346/ Obalamma 18000 Nil 18000 PW1 Ex.P.103 1888236802 W/o Muniyappa 39 RD 286381/ Thimmakka 18000 A/c closed on 18000 PW1 Ex.P.104 W/o Chowdappa 10.04.2015 40 RD 286295/ Lakshmamma 17400 A/c closed on 17400 PW1 Ex.P.105 W/o Muniveerappa 21.08.2014 41 RD 286473 S.V.Manjula 12000 A/c closed on 12000 PW87 Ex.P.106 W/o Shankarappa 30.05.2015 42 RD 287598/ Venkatalakshmi 8800 A/c closed on 8800 PW1 Ex.P.107 W/o Venkateshappa 27.07.2015 43 RD 287391/ Santosh 9600 A/c closed on 9600 PW1 Ex.P.108 1888258927 S/o Late M.R.Pande 08.02.2016 44 RD 286962/ Lakshmidevamma 26000 A/c closed on 26000 PW65 Ex.P.109 W/o H.K.Venkateshaiah 24.02.2015 Shetty 45 RD 286963/ S.V.Pushpa 10400 Nil 10400 PW65 Ex.P.110 1888341513 D/o H.K.Venkateshaiah Shetty 46 RD 285459/ Rathnamma 9600 A/c closed on 9600 PW88 Ex.P.111 D/o Venkateshappa 25.11.2014 47 RD 287433/ Vanajakshamma 6900 A/c closed on 6900 PW86 Ex.P.112 D/o B.Ramaiah 16.06.2015 48 RD 289517/ Narayana Swamy 20000 25.00 20000 PW56 Ex.P.113 1888175637 S/o Late Nallappa A/c belongs to B.N.Netravati Total 456700 198000 258700 72 Spl.CC.No.291/2018
50. The prosecution has examined the depositors in respect of RD accounts as PWs9,11, 12, 16, 18, 19, 22, 23, 25, 28, 29, 32, 38, 44, 49, 51, 56, 60, 64, 65, 66, 70, 72, 86, 87, 88, 100. These depositors have categorically and specifically deposed before the court regarding deposits made through accused No.1. They have opened RD accounts at Sugatur Branch Post Office and paid the money to accused No.1 to deposit into their accounts. The accused had received the amount, issued passbooks by putting his signature and office seal. The evidence of PWs11, 65, 86, 87, 88 reveal that their accounts were closed on different dates. According to them, they have not closed the accounts and signed the closure forms. They disputed the signatures on the closure forms. There is difference in the deposit amount and the existing amount in accounts office record.
73 Spl.CC.No.291/2018
51. The evidence of PW87 depositor would goes to show that, she had opened RD account in her name and SSA account in her daughter's name Spandana and deposited Rs.21,000/ in SSA, Rs.12,000/ in RD account. She paid the amount to accused No.1 to credit the same to respective accounts. She identifies the passbooks as per Exs.P.106(c) and 149(c). Though this witness was crossexamined at length, nothing has been elicited to believe the evidence of PW87. P.W.9 deposed that he had opened 5 accounts in his name and in the name of his family members. All the witness have identified their passbooks. The cross examination itself supports the case of prosecution regarding receipt of amount by accused No.1. So, it is for him to explain why the entries were not forthcoming in the Books of Account and Registers. The accused had failed to explain the same.
74 Spl.CC.No.291/2018
52. To buttress the evidence of above witnesses, PWs1 and 7 have also deposed before the Court that accused No.1 had received the amount from the customers, but had not credited to their accounts and made entries to the Books of Accounts of Branch Office. The accused had also not sent the vouchers to the accounts section for updation. All the witnesses referred above have deposed the same evidence as deposed by P.W.87. The oral evidence is coupled with documents which consistently, reveal that the accused had received the amount from depositors but failed to account the same to the books of accounts. In total, there is misappropriation of Rs.2,58,700/ from 48 RD accounts as mentioned in the above table. Fraud relating to other 3 accounts :
53. The counsel for accused No.1 has argued that fraud alleged to have been taken place in 75 Spl.CC.No.291/2018 Sugatur Post office is not within the knowledge of accused No.1 and has committed any fraud.
54. As could be seen from the evidence of PW 1, the accused No.1 had issued passbook in the name of Papakka by making false entry to the extent of Rs.5,00,000/ in collusion with Anjinappa S/o Papakka. Ex.P.15passbook, Ex.P.16account opening form, Exs.P.17,18account statements, Exs.P.20 and 21statements of Papakka. and Anjinappa which disclose that Papakka had not deposited Rs.5,00,000/ and false entry was made by accused No.1, instead of Rs.50/ in order to have wrongful gain. Smt. Papakka and Anjinappa themselves have stated before P.W.1 that Papakka deposited only Rs.50/ and not Rs.5,00,000/ . She disowned her claim amount. The accused No.1 was altered the amount in the passbook to have wrongful gain.
76 Spl.CC.No.291/2018
55. Further, PW62 has deposed before the Court that she opened account with initial deposit of Rs.100/ and her father had deposited Rs.10,00,000/ in her account. The amount was paid to accused No.1 to deposit into her account. The accused No.1 had also issued passbook as per Ex.P.10. She further deposed that 1st, 3rd and 4th pages of passbook were missing and amount was not deposited in her account. She identified the account opening form Ex.P.11. She has been informed by her father that accused No.1 had misappropriated the deposit amount of Rs.10,00,000/. In the cross examination got marked Ex.D9 the portion of 161 statement. Ex.D.9 reveals that during May, 2013, she has received Rs.3,000/ maternity allowance from the Government and withdrawn the same in the month of June, 2013 and April, 2014. The said statement could not take away the other portion of 77 Spl.CC.No.291/2018 evidence of the witness. The witness withstood the crossexamination by denying all the suggestions posed by defence counsel and specifically stated that her father gave the amount of Rs.10,00,000/ to accused No.1 to deposit the same into her account. The statement of account does not disclose the deposit of Rs.10,00,000/ in the name of PW62. The evidence corroborates with the documents and testimony of P.W.1 regarding fraud played by the accused No.1.
56. Further, PW61Arun Kumar has deposed before the Court that, he had paid Rs.8.25 Lakhs cash to accused No.1 to deposit the same in his name for a period of 5 years. The accused No.1 had also issued passbook regarding receipt of amount. Later, P.W.61 came to know that, his account was forged. He identified the passbook as per Ex.P.6. In the crossexamination nothing has been elicited to 78 Spl.CC.No.291/2018 disbelieve the testimony. The documents EX.P.6 passbook would depicts that the passbook was issued in the name of S N Kumar i.e., accused No.1. The book was altered in the name of Arun Kumar. Ex.P.629,637,641,642 passbooks clearly disclose about the intention of accused in issuing other's passbooks to P.W.61.
57. The evidence of PWs61, 62 and PW1 coupled with documents which clearly establishes that though the accused had received the amount from the depositors PWs61 and 62, but had not deposited the same and accounted to the accounts office. He had issued other's passbooks to depositors P.W.61 and 62. Further, he had made false entries in the passbook of Papakka though she had not deposited Rs.5,00,000/. From the evidence, it manifests about modusoperndi of the accused in order to have wrongful gain, had forged the 79 Spl.CC.No.291/2018 documents Ex.P.15 passbook of Papakka, EX.P.10 the passbook of Nagajyothi and EX.P.6 passbook of Arun Kumar.
58. The Investigation Officers' of this case are examined as PWs101 and 104. PW101 has done the investigation and P.W.104 filed the charge sheet after obtaining the sanction order. P.W.101 has deposed that he obtained search warrant to search the residential premises of accused No.1 situated at Sugatur village, Kolar Taluk. Accordingly, on 15/09/2016, he summoned the witnesses Shivananda Patil the Sr.Manager of Bank of Baroda, G.R.Murthy the Officer of Allahabad Bank and took them to residential premises of accused No.1. He conducted the search in the house of accused No.1 and found SB receipt books, bunch of papers containing preliminary SB receipt books, BO slips, Voter ID of accused, Payin slips, 80 Spl.CC.No.291/2018 Acknowledgment slips, self attested xerox copy of the Gram Panchayat receipt, xerox copies of the receipt issued by Nemichand Jewellery, duplicate receipt for Rs.50,000/, ICICI Bank pay direct card, SSA passbooks, SB passbooks, RD passbooks which are mentioned in the search list. He prepared search list as per Exs.P.575 and seized Ex.P.576 to 652, 212 to
217. He has further deposed that, on the same day, the team visited the house of accused No.2 around 2.30 p.m., and conducted the search. On being questioned and asked the accused No.2, to produce the documents pertaining to Sugatur Post Office, the accused No.2 had produced 16 RD duplicate passbooks, 16 SB duplicate passbooks, 19 SSA passbooks and Rs.56,000/ cash. The IO called Mr.Ganesh Reddy who was incharge of Sugatur Post office, and made enquiry. Later, came to know that the said documents are not incriminating material to the case, had handed over to Ganesh 81 Spl.CC.No.291/2018 Reddy to distribute the same to the account holders. Therefore, the IO prepared Nil Search list in the house of accused No.2 as per Ex.P.697.
59. PW52 the mahazar witness is examined to corroborate the evidence of IO. This witness in his evidence has deposed that PW101, the IO had taken him and another witness to Sugatur to conduct search on the residential premises of accused No.1. On 15/09/2016, the IO took him and another official to Sugatur and conducted the search on the residential premises of accused No.1 and seized the documents at Ex.P.575. He further deposed that during the search, accused No.1 and his wife were present in the house. He identified the documents before the Court which are marked as Exs.P.576 to 652, 214 to 217. This witness was crossexamined by defense counsel appearing for accused No.1, wherein he has categorically narrated 82 Spl.CC.No.291/2018 about the procedure of conducting the search. He signed all the documents seized under Ex.P.575. The IO was crossexamined by defense counsel appearing for accused No.1 in respect of seizure of documents in the house of accused No.1 at Ex.P.575. The witness was crossexamined on various aspects with regard to sketch, measurement, facing of the door etc., which are not relevant to prove the search list Ex.P.575. The witness has specifically deposed about the procedure followed before conducting search and so also details of the search. The witness has denied the suggestions of the defence counsel that he concocted Ex.P.575 only to implicate the accused No.1. However, in the crossexamination by accused No.2 has stated, except the house of accused No.1, they did not visit any other house at Sugatur. He accept the document Ex.D.6, Nil Search list drawn in the house of accused No.2. He admitted the contents of 83 Spl.CC.No.291/2018 Ex.D.6. As per Ex.D.6, the Nil Search list was prepared since no incriminating documents were found in the house of accused No.2. As could be seen from the evidence of PWs52 and 101 coupled with Ex.P.575, which establishes that search was conducted in the house of accused No.1 on 15.09.2016 and seized the documents Exs.P.576 to 652, 214 to 217. The accused No.1 during the course of examination under Sec.313 Cr.P.C has failed to explain the possession of documents found in his house during search.
60. The Ld. Defense counsel appearing for accused No.2 argued that Ex.D.6 itself manifests that the accused has not involved in any of the act alleged by the prosecution and no incriminating material available as per NIL search list to implicate the accused. Further, the cross examination of P.W.101 clearly establishes that the mahazar was 84 Spl.CC.No.291/2018 not drawn at the spot where the documents were seized. Ex.P.696 contradicts with the evidence of P.W.101 and 63. Further, it was not mentioned in the mahazar that the same was drawn at the Office of Kolar Post Office due to non availability of power supply in the house of accused No.2. In this regard, the Ld. Counsel has relied on the following decisions.
1. 1972(3) SCC 652 in the case of Ramprakash Arora V/s State of Punjab
2. Crl.R.P.No.956/2009 of Hon'ble High Court of Karnataka in the case of G.D.Devaraj v/s State by SubInspector of Excise and another.
61. Percontra, the Ld.P.P promptly accepted that no incriminating material was found in the house of accused No.2, when search was conducted as per Ex.D.6, hence NIL search list was prepared. However, it has contended that during second search conducted on 30.08.2017, the incriminating 85 Spl.CC.No.291/2018 documents were found and thereby the accused No.2 was arrayed in the case. The Ld. P.P has relied on the following decision.
1. 2002 (4) SCC 380 in the case of Kethsingh V/s Union of India.
62. PW101 has deposed that on 25/07/2017, he inquired accused No.1 in respect of documents of Sugatur Post Office and recorded his statement. Later, the accused No.1 did not cooperate with investigation and therefore, arrested the accused on 29/08/2017 and took him to police custody for 4 days. During the interrogation, the accused No.1 confessed the acts committed by him relating to removal of first 45 pages in passbooks, entering the name of others and also admitted his signatures in the passbooks and other documents which were confronted to him. He also stated before PW101 that, he kept the original pay in slips, cash paid 86 Spl.CC.No.291/2018 vouchers, RPLI vouchers are available at the residence of accused No.2. Accordingly, it was decided to conduct search at the residence of accused No.2. The IO further deposed that on 30/08/2017, he and the witnesses Anil Kumar PW63, NarasimhappaCW108 along with accused No.1 went to the house of accused No.2. When the investigation team approached the house of accused No.2, he was present. When he was instructed to produce the documents, he produced one bag which contains the documents pertaining to the year 2004 to 2010. Again, he had taken the team to the terrace, and produced one postal bag which was kept below the water tank, in which the documents of the year prior to 2010 were found. PW101 has further deposed that on being questioned the accused No.2 to produce the incriminating documents, he took the team to his son's bedroom and produced one postal bag from cupboard. In the 87 Spl.CC.No.291/2018 said bag, there were postal 27 payinslips, RPLI receipts, 3 SB account opening forms, unregistered undelivered postal covers. He seized the aforesaid documents in the presence of witnesses under Ex.P.696. The documents seized under the mahazar are Document Nos.116 to 148. On the same day, the investigating team went to the house of CW116, Shafi and conducted the search, but they did not find any incriminating material. Later, they went to Kolar Post Office's accounts section and prepared mahazar as per Ex.P.696. He recorded the statements of panch witnesses.
63. In order to corroborate the evidence of PW101, panch witness and Postal AssistantPW63 was examined in the case. PW63 has categorically deposed about the search conducted by the IO as per Ex.P.696 and seizure of the documents D.Nos.116 to 148. The witness has identified the documents before the Court. The chief evidence of 88 Spl.CC.No.291/2018 PWs63 and 101 are corroborative in nature with regard to Ex.P.696.
64. This witness was crossexamined at length by the defence counsel appearing for accused No.2 regarding seizure of documents under Ex.P.696. It has submitted by the Ld. Defense counsel for accused No.2 that mahazar was not drawn at the residence of accused No.2 as per Ex.P.696 and it was concocted. The prosecution has failed to prove Ex.P.696 beyond reasonable doubt. Per contra, the Ld.P.P has replied that, if the mahazar was concocted by IO, certainly he would have state the same in his evidence, however, the IO has specifically explained the circumstance why he had drawn the mahazar in the accounts office.
65. PW101 in his crossexamination has deposed, as per the statement of accused No.1, he conducted the search at the residence of accused No.2 and seized the documents. Though the search 89 Spl.CC.No.291/2018 was conducted, documents seized in the house of accused No.2, but the proceedings was drawn at accounts section, Kolar Post office, between 10.15pm to 10.30pm. The explanation offered by PW101 is that due to non availability of power in the house of accused, he had prepared the mahazar in the account office, Kolar Post Office.
66. It is pertinent to state that search warrant was not taken to conduct the search at the residence of the house of accused No.2, but as per the statement of accused No.1, the search was conducted by exercising the powers vested as per Sec.165 of Cr.P.C. The witness has deposed that he mentioned the reason in the case dairy. He also stated that in Ex.P.696, Malkhana official made pencil corrections while verifying and receiving the papers. As per evidence, the accused No.1 himself had taken the documents from the cupboard of the house of accused No.2. However, in the mahazar it 90 Spl.CC.No.291/2018 was mentioned that the accused No.2 had produced the documents. Now, the doubt would arise in the mind of the court that whether the accused No.2 was in possession of the documents or not.
67. It is important to state that a perusal of Ex.P.696, the nomenclature of the document mentioned as "MAHAZAR, PROCEEDINGS DRAWN IN CONNECTION WITH RC NO.18(A)/2016 OF CBI, ACB, BENGALURU ON 30/08/2017 AT THE RESIDENCE OF SRI.B.SEETHARAMAIAH, SUGATUR". The description of the document clearly manifests that the search was conducted on 30/08/2017 at the residence of accused No.2. But it does not disclose that in continuation of search conducted at the residence of accused No.2, it was drawn at account's office, Kolar Post Office. Importantly, P.W.63 the panch witness has specifically deposed Ex.P.696 was prepared in the house of accused No.2. If really it was prepared in the account's office, 91 Spl.CC.No.291/2018 certainly, the witness would have deposed before the court. Moreover, the evidence of P.W.101, clearly goes to show that he kept the seized documents in his pocket and the same were not opened when the mahazar was prepared. This mahazar disclose about the descriptions of 33 documents. It is not possible for a prudent man to remember the account number, amount details and type of documents of 33 documents. It has clearly mentioned that "the proceedings was prepared by using the office laptop carried by the team and the print out the same was taken with help of printer carried by the team". If really, there was problem to prepare the mahazar what was the impediment to mention the same in the mahazar. Further, it is not the case of prosecution that the accused No.2 was also taken to account's office to obtain his signature on Ex.P696. Therefore, the arguments of Ld.P.P is not acceptable that the mahazar was drawn in 92 Spl.CC.No.291/2018 continuation of search and seizure of documents at accounts office.
68. A perusal of the decisions relied by the Ld. Defence counsel appearing for A2, the Hon'ble Apex Court has relied on the decision of State of Bihar V/s Baswan Singh reported in AIR 1958 SC 500, it has held that "there is no such witnesses who is independent in the present case and there is no other evidence from which any corroboration could be found on the evidence given by the members of the raiding party including Jogender Singh and Dalbir Singh". In another decision of Hon'ble High Court of Karnataka above referred Crl.R.P, has discussed that the "panchas have deposed that the seizure mahazar was not drawn at the spot, but in the office of Excise Inspector". In the decision referred above, the Hon'ble High Court has not held any principle of law in regard to the search mahazar. 93 Spl.CC.No.291/2018 Therefore, the above said decisions are not applicable to the present case on hand.
69. The decision relied by the Ld. P.P in case of Keth Singh V/s Union of India, as referred above, the Hon'ble Apex Court has held that "the standing instructions have no statutory force and are in the nature of guidelines for fair procedure intended to be adopted by the officer incharge of the investigation and the same can be deviated from by preparing mahazar at a later stage where there are reasonable and justifiable grounds to do so where mahazar is prepared at a later stage, reason should be recorded therefor". The said decision was held in NDPS Act. In the said case, the articles was seized at the spot, but the mahazar was prepared in the Customs Office. As per the judgment, if there is any sort of procedural illegality in conducting the search and seizure, the evidence collected thereby will not 94 Spl.CC.No.291/2018 become inadmissible and the court will consider all the circumstances and find out whether any serious prejudice had been caused to the accused. In the present case on hand, though the search was conducted at the residence of accused No.2, but the mahazar and search list was prepared at the account's office of Kolar Post Office. According to defence, Ex.P.696 is the only document which implicates the accused No.2 in the case. If Ex.P.696 is taken into consideration as admissible, certainly it would not seriously prejudice the defense of accused No.2. Therefore, decision referred is aptly applicable to the present scenario to prove Ex.P.696. Ex.P.696 proves that the IO P.W.101 had seized the documents at the residence of accused No.2.
70. Importantly, mere seizure of documents at the residence of accused No.2 would itself not prove 95 Spl.CC.No.291/2018 the criminal conspiracy between the accused persons and accused No.2 had committed the act causing disappearance of incriminating evidence.
71. PW101 has further deposed that he recorded the statement of witnesses, collected the specimen handwriting and signatures of accused No.1 when he was in police custody with permission of court. He sent the admitted, disputed handwritings and specimen signatures of accused No.1 to GEQD for examination. Later, he recorded the statements of NarasimhappaCW108, Anil KumarCW105 and collected the documents from them. He recorded the statements of other witnesses in the case.
72. PW104 the IO, has deposed that the InspectorPW101 had collected the documents and almost completed the investigation. Therefore, after receipt of sanction order from the competent 96 Spl.CC.No.291/2018 authority to prosecute accused No.1 and on perusal of the papers, having found the accused No.1 being the Branch Postmaster received the money from account holders, deposited in SSA, RPLI, RD, TD and SB accounts, but was not credited to Books of accounts of branch office and also failed to send the cash to the accounts office. Further, the accused No.1 tore the first four pages in the passbooks and issued the passbooks to some other persons by misappropriating the amounts. The accused No.1 made falsification of the documents, withdrawn the amounts by closing the accounts without the knowledge of account holders and caused loss to the post office and the account holders. As per the investigation, accused No.2 knowingly helped the accused No.1 to conceal the documents in the house pertaining to Sugatur Post office. Therefore, he filed the charge sheet against accused Nos.1 and 2. During crossexamination, it has elicited that, the 97 Spl.CC.No.291/2018 Inspector had visited the house of accused on 15/09/2016 and on 30/08/2017. PW101 submitted Nil Search report stating no incriminating material found in the house of accused No.2. PW 104 had not investigated the matter about the absence of accused No.2 to duty. He had also not examined one Kishore, who was working the place of accused No.2. He admitted under Ex.P.696, the documents which were seized in the house of accused No.2 were of much prior to March, 2016. The witness has specifically denied the contention that though the investigation does not disclose any incriminating material against accused No.2, falsely implicated and filed charge sheet. The prosecution has to prove the ingredients of Secs.120B and 201 IPC to bring home the guilt of accused No.2.
73. It is the case of the prosecution that the accused No.1 and 2 entered into conspiracy and 98 Spl.CC.No.291/2018 committed the charge sheeted offences. The burden rests on the prosecution to prove the offense of conspiracy. At this stage, it is correct to reiterate the definition of Criminal Conspiracy. Sec.120(A) of IPC, which reads thus :
120A. Definition of criminal conspiracy.--When two or more persons agree to do, or cause to be done,--
(1) an illegal act, or (2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.
Explanation.--It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
A careful reading of the above provision of law, it says that there should be an agreement between persons who are alleged to conspire and the said agreement should be for doing an illegal act or for doing by illegal means an act which itself may not be 99 Spl.CC.No.291/2018 illegal. Therefore, the essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both, and it is a matter of common experience that direct evidence to prove conspiracy is rarely available. Therefore, the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused.
74. The Ld.P.P has relied upon the decision reported in 2002(7) SCC 334 in Mohamaed Khalid v/s State of West Bengal with regard to criminal conspiracy, which reads thus :
(A) Penal Code, 1860 Ss.120A & 120BCriminal conspiracy Elements ofBasis for extending criminal liability to coconspiratorsExistence of an agreement to commit an offence or to accomplish an act which itself constitutes an offence is sufficient by itself and no overt act need be proved to establish criminal conspiracy Proof of conspiracy can be by direct evidence, though the same is rarely available, or by circumstantial evidenceCircumstances proved before, during and after the occurrence should be considered to decide complicity of the accused 100 Spl.CC.No.291/2018 Confession of coaccused, even without corroboration, can be taken into consideration.
On the otherhand, the Ld. Defence counsel appearing for accused No.2 relied upon the decision of Hon'ble Supreme Court in 1970 AIR S.C 459 and argued that there must be a meeting of minds in the doing of an illegal acts or doing of a legal acts by illegal means. The unlawful act committed without knowledge of the conspiracy not amounts to the offence of criminal conspiracy within the meaning of Sec.120(A) of IPC. A careful reading of the decision referred above, the Hon'ble Apex Court has held that unlawful agreement is Sine Qua Non for constituting offense under IPC and not an accomplishment. The conspiracy can be proved by direct evidence or by circumstantial evidence. It has also held that confessional statement of the accused cannot be treated as evidence within the Sec.3 of the Evidence Act. Therefore, there must be meeting of minds and 101 Spl.CC.No.291/2018 unlawful agreement between the accused persons to commit the offence of criminal conspiracy. The main aspect which has been laid down by the Hon'ble Apex court is that the concept of conspiracy will be hatched in darkness and it is always based upon inferences to be drawn from circumstances. It is also been held that in case of conspiracy the same cannot be established in normal parlance by leading direct evidence.
75. In the case on hand, the prosecution has failed to establish the meeting of minds by the accused Nos.1 and 2 to commit unlawful act. If really there was conspiracy between the accused persons, certainly, any one of the account holder would have depose about involvement of accused No.2 in the case. As I have discussed above, Ex.P.696 is the only trump card for the prosecution to connect the accused No.2 in the case. As 102 Spl.CC.No.291/2018 discussed supra, the IO in the search proceedings Ex.P.696 has clearly mentioned the reason assigned by accused No.2 regarding possession of bags. In view of the decision relied by the defence counsel, if in the furtherance of the conspiracy, certain persons are used to do an unlawful act without the knowledge of the conspiracy, they cannot be held to be conspirators for the guilty of an offence under Sec.120(B) of IPC. Though the prosecution has proved Ex.P.696, but failed to establish the knowledge of accused No.2 about the contents of bags seized from his house. As per the evidence, the accused No.2 had no knowledge about the contents of the bags. He used to receive the postal bags from the office for distribution of the posts to the concerned. Therefore, in the absence of agreement between the accused Nos.1 and 2 to do an illegal act which amounts to conspiracy, it is difficult to come to the conclusion that accused No.2 103 Spl.CC.No.291/2018 entered into criminal conspiracy with accused No.1. The prosecution has failed to prove that the documents were seized from possession of accused No.2 and accused No.2 was the custodian of the document as per the say of accused No.1. The mahazar clearly disclose that "he has obeyed orders of his superior Sri.S.N.Kumar because he was working next to Sri.S.N.Kumar in the Sugatur Post Office as Grameen Dak Sevak Mail Deliverer. Further, it has stated that he used to receive so many EMOs, Post parcels, registered postal covers daily for delivery purpose. Hence, he did not make much enquiry of the bag and its contents." The above explanation offered by accused No.2 when the alleged search conducted by the IO which supports the defence that he only kept the records in his house in usual course and he had no knowledge about the contents of the documents. Therefore, it 104 Spl.CC.No.291/2018 cannot be said that accused Nos.1 and 2 entered into criminal conspiracy to do unlawful acts.
76. Next coming into question of the offence under Sec.201 of IPC is concerned, the prosecution has contended that accused No.2 kept the postal bags in his house only in order to screen accused No.1 from the legal punishment. The prosecution has to prove the essential ingredients of the offense. They are;
a) That an offense has been committed
b) That the accused knew or had reason to believe the commission of such an offense
c) That with such knowledge or belief he;
d) Caused any evidence of the commission of that offense to disappear
e) That he did so as aforesaid with intention of screening the offender from legal punishment . As discussed supra, accused No.2 has no knowledge about the contents of the postal bags. When such being the case, it cannot be said that in furtherance of criminal conspiracy with accused No.1, accused No.2 causes the evidence of 105 Spl.CC.No.291/2018 commission of offence to disappear with intention to screen the accused No.1 from legal punishment. If that is the case, the accused No.2 would have not produced the documents before the IO when the search was conducted. As already stated above the accused No.2 had no knowledge about the contents documents which were kept in his house by accused No.1. The true import of the word "causes" envisages some active step on the part of doer of the act. There must be active participation of accused No.2 in the matter of causing disappearance of evidence. Mere sufferance by him or removal of such evidence does not constitute offense. Therefore, the court is of the opinion that prosecution has failed to prove the ingredients of offence under Sec.201 of IPC against accused No.2.
77. The prosecution in order to prove the offense under Sec.468 IPC against the accused No.1, 106 Spl.CC.No.291/2018 has examined the expert PW57. Before adverting the evidence, it is apposite to know the meaning of forgery. Sec. 463 IPC defines "Forgery". It reads thus:
"Whoever makes an false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract or with intend to commit fraud or that fraud may be committed, commits forgery."
To constitute the offense under Sec.468 IPC, the following requirements must be proved by the prosecution. The essential ingredients of Sec.464 are;
a) That the accused committed forgery
b) That he did so intending that the document forged shall be used for the purpose of cheating. The intention of the accused to do particular thing is very much important for the offense under Sec.468 IPC.
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78. The prosecution has examined P.W.57 the handwriting expert. According his evidence, the CBI sent the admitted, specimen writings, and signatures of accused No.1 with questioned documents to CFSL for examination. The questioned documents contains the signatures, initials and handwritings. After receipt of the documents, the witness subjected the same for examination through various devices such as Magnifier, Microscope and Video spectral comparator. He expressed the opinion as per Ex.P.681 that, the questioned documents marked as Q.1 to Q.64 and the specimen documents S.1 to S.63, admitted signatures A1 to A20, A22 to A28 are all made by one and the same person. In the cross examination has specifically deposed that before comparison of the documents, he had studied about the characteristics of specimen and admitted signatures. Later, he compared with the questioned documents and found the person who made the 108 Spl.CC.No.291/2018 signatures and writings in the questioned documents, had signed the specimen writings and signatures. Along with the report, the expert has also furnished the enlarged photographs of the signatures. During the course of cross examination no specific questions were put forward to disbelieve the case of prosecution or to displace the evidentiary value of the expert. The report indicates that he had assigned the reasons for arriving at such a conclusion. In his detail report he had specifically stated that the similarities in individual writing habits in execution of character were observed between the manner of execution of certain words and also by looking into the nature and movement of their commencement, shape and movement in formation of their body strokes, movement in combination and termination of strokes and letters he had arrived at the said conclusion. Apart from that except natural variation no divergent writing 109 Spl.CC.No.291/2018 habits were observed by him. As already discussed above nothing much was elucidated from him during the course of cross examination to disbelieve his reasoning. The evidence of expert corroborates with the evidence of PWs1, 63 and aforementioned account holders. The account holders have specifically deposed that the accused used to make entries in the pass book after receipt of amount and also had signed and put the seal. In fact, it was admitted by the defense during course of cross examination and so also examination of accused No.1 under Sec.313 Cr.P.C. Therefore, there is no impediment on the part of the Court to come to the conclusion that accused had made entries in the passbooks in regard to receipt of money. Further, the accused put his signatures in the passbooks, account opening forms and also put seal of the post office. As per Ex.P.6Passbook issued in the name of Arun Kumar, which belong to accused No.1 110 Spl.CC.No.291/2018 disclose the signature of accused on account opening form as per Ex.P.7(a) and so also Ex.P.10 Passbook issued in the name of Nagajyothi disclose the signature of accused and Ex.P.15Passbook issued in the name of Papakka reveal that the accused forged the passbooks, account opening forms by making false entries regarding deposit of amount. Exs.P.22 to 176Passbooks, statement of accounts, statements of depositors and account opening forms which disclose the forgery made by accused No.1. Exs.P.218 to 244Payin slips depicts about forgery made by the accused No.1. In Ex.P.629, the name and amount, in Ex.P.116d & e vouchers, Exs.P.641, 642, 637 were all forged one.
79. On a charge under Sec.409 IPC, it is not necessary for the prosecution to prove in what manner money alleged to have been misappropriated has actually been disposed of by 111 Spl.CC.No.291/2018 the accused. If it is shown that the money entrusted to the accused was not accounted for, in accordance with his duty, it lies upon the accused to prove his defense. To establish a charge of criminal breach of trust, the prosecution is not obliged to prove the precise mode of conversion, misappropriation by the accused of the property entrusted to him or over which he has dominion. The principal ingredient of the offense being dishonest misappropriation. The element of dishonesty is important.
80. It is the case of prosecution that, Kolar Sub Division Post Office, Kolar had entrusted the Office of Sugatur Post Office, to the accused No.1 to discharge his duties as Branch Post Master and the accused committed criminal breach of trust. The Ld.P.P has relied upon the decision reported in 2015 (2) SCC 553 Vinayak Narayan Deostali V/s CBI and argued that the accused No.1 has 112 Spl.CC.No.291/2018 committed the offence of criminal breach of trust by defalcated the amounts deposited by the customers in the post office and corresponding gain to himself.
81. To prove the offense under Sec.409 of IPC, the prosecution has to establish the entrustment, misappropriation and disposal with a dishonest intention. As held in the decision, the person who misappropriate the money entrusted to him by abusing his position that amounts to criminal breach of trust as defined under Sec.405 of IPC.
82. The prosecution to prove the entrustment of work to accused Nos.1, has examined the witnesses PWs1, 7, 46, 47, 53, 55. PWs1 and 7 in their chief evidence have categorically deposed that during the period from 04/03/2012 to 22/02/2016, the accused No.1 was Grameena Dak Sevak Branch Postmaster. This fact was not disputed by accused in his examination under Sec.313(1)(d) of Cr.P.C and 113 Spl.CC.No.291/2018 so also it was suggested to the witnesses that accused used to make entries in the passbooks journals, deposit of accounts regarding day today transactions held in Sugatur Branch Post Office. As per Exs.P.189, 190, 650, 657, 658, 659, 660, 661, the rules of GDS, Branch offices and Branch Postmasters' training and guidebook reveal about the nature of work to be done by the Branch Postmaster while discharging his official duty. Further, witnesses PWs46, 47, 53, the postal assistants and PW54, the Mail Overseer have categorically deposed that accused was Branch Postmaster of Sugatur Post Office and he was the custodian of registers, account books, journals, day today accounts maintained in the post office. Therefore, it manifests that the accused was entrusted with the public duty as Branch Post Master. The accused No.1 misappropriated the amounts received from account holder/depositors 114 Spl.CC.No.291/2018 with dishonest intention to cheat the innocent customers.
83. To prove the falsification of accounts and misappropriation money by the accused No.1, the prosecution has examined PW54 is the Mail Overseer in addition to depositors/account holders and P.W1 and 7. P.W.54 has deposed before the Court that, he visited the Sugatur Post office to verify the journals, receipt books, stamps, cash, passbooks randomly. When he visited the Sugatur post office, the accused No.1 was working as Branch Postmaster. He has submitted report to the Sub Division office as per Ex.P.653. On perusal of Ex.P.653, it would goes to show that the accused No.1 had not maintained the records properly. He has also deposed that PW1 made inspection of Sugatur Post Office as per the instructions of PW7 and collected the passbooks from the customers. On 115 Spl.CC.No.291/2018 enquiry, the account holder Papakka has stated before PW1 that she deposited only Rs.50/ and not Rs.5,00,000/. The accused No.1 had made false entry in the passbook by mentioning the amount of Rs.5,00,000/. This witness was subjected to cross examination wherein it has elicited relating to satisfactory reports submitted by him about his two visits to the SubDn., Office on 30/10/2015 and 02/01/2016 as per Ex.D.7. He has also stated before the IO that accused has not properly maintained the records. The witness in his cross examination has denied the suggestion of defence counsel that he has deposed against accused No.1 only at the behest of CBI. He has also denied that Papakka has not given any statement before PW1 in record to alleged deposit of Rs.5,00,000/. The evidence of PW54 is crystal clear that the witness being the Mail Overseer had made visits to Sugatur Branch Post office on 30/10/2015 and so also on 116 Spl.CC.No.291/2018 02/01/2016. Further, he gave report as per Ex.P.653 stating that the Branch office has not maintained the records properly. Therefore, I do not find any force in the arguments of Ld. Counsel why the Mail Overseer did not made any complaint against Sugatur Branch Post office. On the other hand it establishes that the accused No.1 had not maintained the records properly.
84. PW103, Postal Assistant has deposed before the Court that, when she was working as Postal Assistant in Kolar Extension Post Office, accused No.1 used to attend the office to submit daily accounts, deposits and withdrawal vouchers and accounted articles. It was her duty to enter all the details regarding receipt of deposits, closure of accounts, booking of registered articles, speed post and branch office transactions in the system and books of accounts. She identified the voucher 117 Spl.CC.No.291/2018 submitted by accused No.1 to Kolar Extension Post office as per Exs.P.119(g), 676, 677 and 680closure form vouchers. The accused No.1 being the Branch Postmaster has submitted documents to the office to pass the vouchers. After verifying the LTM, signatures of account holders by Branch Postmaster, has to submit the same to the account office. This witness was crossexamined and elicited regarding the procedure followed in the Post Office regarding entries made in Finacle. She denied the suggestion that only as per the say of CBI she deposed falsehood before the Court. Except formal suggestion, no material evidence elicited to discard her evidence. From the evidence of this witness, it is clear that accused No.1 being Branch Postmaster of Sugatur Post Office used to attend the Kolar Post Office to make entries in the Books of Accounts. She made finacle entries in the system whatever the books of accounts submitted by him.
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85. To attract the offence under Sec. 420 IPC, the prosecution has to establish the important essential ingredients as stated under Sec.415 IPC. The fraudulent or dishonest intention induces the person deceived to deliver any property. Therefore deception is quint essence of Sec.420 IPC. It is necessary to show that the accused had fraudulent or dishonest intention at the time of committing the act.
86. The evidence of account holders, P.W.1, 7, 46, 47, 53, 63, and IO P.W.101 clearly establishes that the accused No.1 picked up those passbooks which were given for updation, and tore the initial pages of the passbooks and issued the same to other innocent customers after making fresh entries by entering the amount though it was not credited to the respective accounts and books of accounts 119 Spl.CC.No.291/2018 maintained in the post office and cheated the customers.
87. It is to be noted that in order to prove criminal misconduct of the accused No.1, the prosecution has to prove the ingredients of Sec.13(1)
(d) of PC Act:
1. He should hold office as Public Servant.
2. He should obtain any valuable thing or pecuniary advantage for any person.
3. Such obtaining of valuable thing or pecuniary advantage is without any public interest.
In this regard the court has relied upon the judgment of the Hon'ble Apex Court reported in (2004) 1 SCC691 (State of M.P. v. Awadh Kishore Gupta ) wherein it has held as :
"5. Section 13 deals with various situations when a public servant can be said to have committed criminal misconduct. Clause (e) of subsection(1) of the section is pressed into service against the accused. The same is applicable when the public servant or any person on his behalf, is in possession or has, at any time during the period of his office, been in 120 Spl.CC.No.291/2018 possession, for which the public servant cannot satisfactorily account,of pecuniary resources or property disproportionate to his known sources of income. Clause (e) of subsection (1)of Section 13 corresponds to clause (e)of subsection (1) of Section 5 of the Prevention of Corruption Act, 1947(referred to as "the old Act"). But there have been drastic amendments. Under the new clause, the earlier concept of "known sources of income"has undergone a radical change. As per the Explanation appended, the prosecution is relieved of the burden of investigating into "source of income" of an accused to a large extent, as it is stated in the Explanation that "known sources of income" means income received from any lawful source, the receipt of which has been intimated in accordance with the provisions of any law, rules, orders for the time being applicable to a public servant. The expression "known sources of income"
has reference to sources known to the prosecution after thorough investigation of the case. It is not, and cannot be contended that"known sources of income" means sources known to the accused. The prosecution cannot, in the very nature of things, be expected to know the affairs of an accused person. Those will be matters "specially within the knowledge" of the accused, within the meaning of Section 106 of the Indian Evidence Act, 1872 (in short "the Evidence Act").
121 Spl.CC.No.291/2018
By looking into the said judgment and on appreciating the statement of the accused recorded U/s 313 of Cr.P.C., no explanation has been rendered by the accused with respect to non accounting, withdrawal of money and closure of accounts.
88. A perusal of the entire oral evidence, documents, GEQD report, it proves the case of prosecution against the accused No.1 while discharging his public duty as Branch Postmaster of Sugatur Post Office, abused his official position during the period 04/03/2012 to 22/02/2016 and cheated the innocent customers of Sugatur Branch post office, misappropriate the funds of account holders in noncrediting the same to the accounts of SB, RD, TD, RPLI and SSA and committed criminal breach of trust,cheating and forgery used the forged documents as genuine and caused wrongful loss to 122 Spl.CC.No.291/2018 the tune of Rs.46,61,341/ and corresponding wrongful gain to himself Further, the accused had withdrawn the money, closed the accounts without the knowledge of account holders. He had also issued passbooks of some genuine account holders to others by tearing initial pages, making fresh entry. Further, he failed to account the amount whatever received by him from the customers in the Books of Accounts of the Branch office and also not intimated to the Accounts Section of Post Office and misappropriated the amount. Further, the accused had also forged the signatures of customers on withdrawal forms, account opening forms and so also on closure forms. He had used the forged documents as genuine for further transactions. The accused knowingly with dishonest intention to cheat the customers and post office, altered the names, addresses of the customers by making entries in the passbooks which are valuable documents. 123 Spl.CC.No.291/2018 Therefore, the Court is of the opinion that the prosecution has successfully proved beyond reasonable doubt by placing cogent, corroborative and convincing evidence, the guilt of the accused No.1 for the offences under Secs.409, 420, 468, 471, 477A of IPC and Sec.13(2) r/w Sec.13(1)(d) of P.C.Act. The prosecution has failed to prove the guilt of accused Nos. 1 and 2 for the offence under Sec.120(B), and 201 of IPC against accused No.2. Thus, I answer the above Point Nos.2 partly in Affirmative and Point Nos.3 to 7 in the Affirmative and Point No.8 in the Negative.
89. POINT NO.9 : In view of the above discussion the accused No.1 is found guilty for the offences Secs.409, 420, 468, 471, 477A of IPC and Sec.13(2) r/w Sec.13(1)(d) of P.C.Act and accused No.2 is entitled for acquittal for the offences under Sec.120(B), 201 of IPC. Hence, I pass the following 124 Spl.CC.No.291/2018 ORDER Acting under Section 248(2) of Cr.P.C., the accused No.1 is convicted for the offences punishable under Secs.409, 420, 468, 471, 477A of IPC and Sec.13(2) r/w Sec.13(1)(d) of The Prevention of Corruption Act, 1988.
Acting under Sec.248(1) of Cr.P.C, the accused No.2 is acquitted for the offences punishable under Secs.120(B) and 201 of IPC.
The bail bond and surety bond executed by the offender No.1 and accused No.2 and their sureties are hereby stands discharged.
(Dictated to the Judgment Writer, transcribed by her, corrected and then pronounced by me in open court this the 30 th day of January, 2023.) ( E.CHANDRAKALA ) XLVII Addl. City Civil & Sessions Judge and Special Judge for CBI Cases, Bengaluru.
***** 125 Spl.CC.No.291/2018 ORDER ON SENTENCE The judgment is pronounced by finding the offender No.1 is guilty of the offences punishable under Sections 409, 420, 468, 471, 477A of IPC and Sec.13(2) R/w Sec.13(1)(d) of The Prevention of Corruption Act, 1988.
2. On the question of the quantum of sentence to be imposed, heard the learned Sri.J.N.M. Advocate, appearing on behalf of the offender. He submitted that the offender is having mother, wife and children. He is the person required to be look after the entire family. The Ld. Counsel has produced the copies of the Aadhar Card of the offender and his family members. Therefore, he prays for lenient view to be taken on passing sentence.
3. On the otherhand, the Ld.P.P submitted that the prosecution has proved the guilt of accused 126 Spl.CC.No.291/2018 beyond reasonable doubt. Further, the accused being the public servant has committed the offence under Sections 13(1)(d) read with Section 13(2) of The Prevention of Corruption Act, 1988 and other offences under IPC. The victims are the poor villagers aged and coolie workers. The offender had committed the fraud of 158 accounts. The offence occurred during the period 04/03/2012 to 22/02/2016, since the offence is continuing one and the new amendment Act is applicable to the case to impose the sentence under P.C Act. He has further submitted that accused being the public servant has committed breach of trust reposed on him when he was discharging the public duty. Therefore, maximum punishment is to be imposed alongwith fine. The Ld. P.P also prays for award of compensation out of the fine amount.
4. In view of the decision of Hon'ble Apex Court 127 Spl.CC.No.291/2018 in State of Madhya Pradesh V/s Mehathab (Crl.A.No.290/2015 dtd. 13/02/2005), it is the duty of the Court to award just sentence to a convict against whom charge is proved by taken into consideration of the mitigating and aggravating circumstances. The sentence has to be fair not only to the accused, but also to the victim and the society.
5. Further, the Hon'ble Apex Court in AIR 2012 S.C 3802 in the case of Alister Anthony Pareira V/s State of Maharashtra has held that the Court has to take into consideration all aspects including social interest and consciousness of society for award of appropriate sentence.
6. On coming into the aggravating circumstances of the case, the accused while working as public servant as Branch Postmaster in Sugatur Post Office, misused his official position, cheated the 128 Spl.CC.No.291/2018 innocent customers of Sugatur Branch Post Office and misappropriated the funds to the tune of Rs.46,61,341/ in not crediting the amount of deposits received from the depositors and fraudulently withdrawn the amounts without knowledge of the depositors and forged and fabricated the documents such as payinslips, withdrawals forms and passbooks. The mitigating factors are that he has family and he is the only person to look after the family. The offender by committing the offences has invited the risk to himself and now he cannot plead for leniency in the sentence to be imposed. Therefore, after keeping in mind above ratio laid down in judgments while awarding sentence, this Court should bear in mind the expectation of the society to prevent the misconduct of public servant in the public office by providing prompt conviction and stern sentence. 129 Spl.CC.No.291/2018 However, it is necessary to strike the balance between the maximum and minimum punishment.
7. As per Sec.16 of the P.C Act, where a sentence or fine is to be imposed under Sec.13(2) of the P.C Act, the Court shall take into consideration the amount or value of the property the accused person has obtained by committing the offence. In the case on hand, the offender has misappropriated the amount of Rs.46,61,341/.
8. In this case, the offence was committed during the period 04/03/2012 to 22/02/2016. Therefore, the punishment prescribed for the offences under Sec.13(2) of the P.C Act provides under the new Act. Further, for the offence under Sec.409 of IPC, the punishment prescribed is imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and also liable to fine. For the offence under Sec.420 of IPC, punishment 130 Spl.CC.No.291/2018 prescribed is for a term which may extend to 7 years and shall also be liable to fine. For the offence under Sec.468 of IPC, the punishment prescribed is for a term which may extend to 7 years and shall also be liable to fine. For offence under Sec.471 of IPC, the punishment prescribed in the same manner as if he had forged such document. Therefore, the punishment prescribed for Sec.468 is to be taken for the offence under Sec.471 of IPC also. For the offence under Sec.477(A) of IPC, the punishment prescribed is for a term which may extend to 7 years or fine or with both.
9. As held in AIR 2004 S.C 2317 in the case of N.Bhargavan Pillai V/s State of Kerala and in the case of State V/s Prathiban 2006 AIR SCW 5267, the provisions of the probation Act do not apply under the offence of P.C. Act.
10. After considering the facts and circumstances 131 Spl.CC.No.291/2018 of the case and for the reasons stated herein above, it is just and proper to pass the sentence on the offender. Accordingly, this Court proceed to pass the following:
ORDER The offender S.N.Kumar is sentenced to undergo four years Simple Imprisonment and shall be liable to pay fine of Rs.10,000/ (Rupees Ten Thousand only) for the offence under Sec.13(2) R/w Sec.13(1) (d) of the Prevention of Corruption Act and in default of payment fine he shall undergo simple imprisonment for further period of six months.
Further, the offender is sentenced to undergo four years Rigorous Imprisonment and shall be liable to pay fine of Rs.46,75,000/ (Rupees Forty Six Lakhs Seventy Five Thousand) for the offence under Sec.409 of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of six months.
Further, the offender is sentenced to 132 Spl.CC.No.291/2018 undergo Rigorous Imprisonment for four years and shall be liable to pay fine of Rs.10,000/ (Rupees Ten Thousand only) for the offence under Sec.420 of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of six months.
Further, the offender is sentenced to undergo Rigorous Imprisonment for four years and shall be liable to pay fine of Rs.10,000/ (Rupees Ten Thousand only) for the offence under Sec.468 of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of six months.
Further, the offender is sentenced to undergo Rigorous Imprisonment for four years and shall be liable to pay fine of Rs.10,000/ (Rupees Ten Thousand only) for the offence under Sec.471 of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of six months.
Further, the offender is sentenced to undergo Simple Imprisonment for two years and liable to pay fine of Rs.10,000/(Rupees Ten Thousand only) for the offence under 133 Spl.CC.No.291/2018 Sec.477A of IPC and in default of payment of fine, he shall undergo simple imprisonment for a period of three months.
The sentences of imprisonments shall run concurrently.
Acting under Section 428 of the Code of Criminal Procedure, the period of detention undergone by the offender from 29.08.2017 to 14.09.2017 shall be given set off against the sentence of imprisonment.
Acting under Sec.357(3) of Cr.P.C, it is ordered that in the event of deposit of fine amount, Rs.46,61,341/ shall be paid to Post Office who in turn to pay to the depositors. The remaining fine amount shall be forfeited to State.
Free copy of the judgment be furnished to the offender forthwith.
(Dictated to the Judgment Writer on Computer, typed by her, corrected and then pronounced by me in open court this the 4 th day of February, 2023.) ( E.CHANDRAKALA ) XLVII Addl. City Civil & Sessions Judge and Special Judge for CBI Cases, Bengaluru.
134 Spl.CC.No.291/2018ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF PROSECUTION :
135 Spl.CC.No.291/2018
PW1 K.S.Pai PW2 Shamalamma PW3 Chandrappa PW4 Rekha H.S PW5 H.Nagesh PW6 H.S.Narayanaswamy PW7 K.Muniramaiah PW8 K.Nagaraja PW9 Sateesha Herle PW10 Narappa Shetty PW11 M.P.Santosh
PW12 S.K.Sathya Narayana Setty PW13 Rathnamma PW14 Leelavathi PW15 Munilakshmamma PW16 Nagaveni PW17 Akkachamma PW18 Sunandamma PW19 Rajeshwari PW20 Lakshmidevi PW21 V.R.Shakuntalamma PW22 Manjula PW23 Dasappa PW24 Vedavathi PW25 Narayanamma PW26 Kum.Netravathi PW27 Smt.Shabana PW28 Kum.S.N.Janhavi PW29 B.M.Chandrappa PW30 S.N.Somashekar PW31 Asha PW32 Chowdareddy PW33 Meenakshamma PW34 Srinathachari PW35 Radhamma PW36 Krishnappa. D PW37 Sunandamma PW38 Padmamma 136 Spl.CC.No.291/2018 137 Spl.CC.No.291/2018 138 Spl.CC.No.291/2018 PW39 Venkatarathna PW40 Suvarna PW41 Chowdareddy PW42 Anand PW43 Gowramma PW44 Narasamma PW45 Bhagyamma PW46 Rukmani PW47 Geetha PW48 Rizwana Sultana PW49 Kanthamma PW50 Chandra S.B PW51 Krishnamma PW52 Shivananda Patil PW53 Malini PW54 Krishnaiah Shetty PW55 B.S.Umesh PW56 Narayanaswamy PW57 R.B.Bhosle PW58 Anand PW59 Obalesha PW60 Narayanamma PW61 Arun Kumar.D PW62 Nagajyothi PW63 V.Anil Kumar PW64 Rajanna PW65 Venkateshaiah Shetty PW66 Umavathi PW67 Krishnappa PW68 Shankrappa PW69 Bhagyamma PW70 Srinivasappa PW71 Rajamma PW72 Devika PW73 Yashodamma PW74 Lakshidevamma PW75 Ananda Murthy 139 Spl.CC.No.291/2018 PW77 Chinnamma PW78 Gudiyappa PW79 Ganesh Reddy PW80 Ramamurthy.S PW81 Muniyappa PW82 Susheelamma PW83 Shivanna PW84 Maduravani PW85 Kadiramma PW86 Vanjakshamma PW87 Manjula PW88 Rathnamma PW89 Lakshmidevamma PW90 Pavithra PW91 Sundramma PW92 Lakshmidevamma PW93 Venkatarathnamma PW94 Thimmegowda PW95 Shanthakumar PW96 Nagarathna PW97 Chikkanaremma PW98 Shylaja PW99 Padmamma PW100 Rathnamma PW101 Mahesh Kashikar PW102 Narayanamma PW103 Nethravathi PW104 V.Navaraju LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENCE :
NIL LIST OF DOCUMENTS MARKED ON BEHALF OF PROSECUTION :
Ex.P.1 Xerox copy of receipt issued in the name of A1 for having deposited Rs.50,000/ to postal department.
Ex.P.1(a) Copy of receipt Ex.P.1 140 Spl.CC.No.291/2018 Ex.P.2 Inspection report of PW1 to CW1 Ex.P.2(a) Signature of PW1 in Ex.P.2 Ex.P.2(b) Signature of PW7 in Ex.P.2 Ex.P.2(c) Signature of PW7 in Ex.P.2 Ex.P.2(d) Signature of PW7 in Ex.P.2 Exs.P.3 to 5 Three lettersD93,95 and 96 by PW1 to CW1 Ex.P.3(a) Signature of PW1 in Ex.P.3 Ex.P.4(a) Signature of PW1 in Ex.P.4 Ex.P.5(a) Signature of PW1 in Ex.P.5 Ex.P.6 SB A/c passbook of Arun Kumar Exs.P.7 & 8 Account opening form & statement of accounts of Arun Kumar Ex.P.7(a) Signature of PW1 in Ex.P.7.
Ex.P.9 Statement of Arun Kumar
Ex.P.9(a) Signature of PW1 in Ex.P.9.
Exs.P.10 & SB A/c passbook and account opening form for
11 Jyothi D/o Narayanamurthy
Ex.P.10(a) Initial of A1 in Ex.P.10
Ex.P.10(b) Initial of A1 in Ex.P.10
Exs.P.12 & Attested copies of statements of SB A/c of
13 Jyothi generated through Finacle and
Sanchaya
Ex.P.14 Statement of Narayanamurthy
Exs.P.15 & SB A/c passbook and account opening form of
16 Papakka
Exs.P.17 & Attested copies of statements of SB A/c of
18 Papakka generated through Finacle and
Sanchaya
Exs.P.19 & Statement of Papakka and her son Anjinappa
20
Ex.P.21 Another statement of Papakka
Ex.P.19(a), Signatures of PW1
20(a) &
21(a)
Ex.P.22 SB A/c passbook of Krishnappa
Exs.P.22(a) Attested copies of statement of accounts of
to 22(c) Krishnappa generated through Finacle and
Sanchaya
Ex.P.22(d) Statement of Krishnappa
141 Spl.CC.No.291/2018
Ex.P.22(d1) Signature of PW1 in Ex.P.22(d) Exs.P.22(e) Two SB account withdrawal forms pertaining & 22(f) to Krishnappa Exs.P.22(g) Certificates U/s.65(B) of Indian Evidence Act. & 22(h) Exs.P.22(g) Signatures of Shivashankara Prasad,
(i) & (h)(i) Asst.Superintendent of PO Ex.P.23 List of documents pertaining to H.Nagesh Ex.P.23(a) SB A/c passbook of H.Nagesh Exs.P.23(b) Statement of accounts of H.Nagesh generated & 23(c) through Finacle and Sanchaya Ex.P.23(bi) Signature of PW1 in Ex.P.23(b) Ex.P.23(d) Statement of H.Nagesh before PW1 Ex.P.23(d1) Signature of PW1 in Ex.P.23(d) Ex.P23(d2) Signature of PW5 in Ex.P.23(d) Ex.P.23(e) Account opening form of PW5 Ex.P.24 List of documents pertaining to Shamalamma Ex.P.24(a) Passbook of PW2 Ex.P.24(b) Statement of PW2 Ex.P.24(b1) Signature of PW2 in Ex.P.24(b) Ex.P.24(c) Certificate U/s.65(B) of Indian Evidence Act Ex.P.24(ci) Signature of Shivashankara Prasad Ex.P.24(d) Certificate U/s.65(B) of Indian Evidence Act Ex.P.24(e) Ledger extract pertaining to A/c of PW2 Ex.P.24(ei) Signature of Shivashankara Prasad Ex.P.24(f) Statement of accounts of PW2 Ex.P.24(fi) Signature of Shivashankara Prasad Ex.P.25 List of documents pertaining to Chikkanaramma Exs.P.25(a) Certificates U/s.65(B) of Indian Evidence Act & 25(b) Ex.P.25(c) Passbook of PW97 Exs.P.25(d) Ledger extracts pertaining to a/c of PW97 & (e) Exs.P.25(d Signatures of Shivashankara Prasad
i) & (ei) Ex.P.25(f) Statement of PW97 Ex.P.25(fi) Signature of PW1 in Ex.P.25(f) Ex.P.25(g) A/c opening form of PW97 Ex.P.25(gi) Signature of A1 in Ex.P.25(g) 142 Spl.CC.No.291/2018 Ex.P.26 List of documents pertaining to PW10Nareppa Shetty Ex.P.26(a) A/c opening form of PW10 Ex.P.26(a1) Signature of PW10 in Ex.P.269a) Ex.P.26(b) Passbook of PW10 Ex.P.26(c) Statement given by PW10 Ex.P.26(ci) Signature of PW10 in Ex.P.26(c) Exs.P.26(d) Certificates U/s.65(B) of Indian Evidence Act & 26(e) Exs.P.26(d Signatures of Shivashankara Prasad
i) & (ei) Exs.P.26(f) Ledger extracts PW10's A/c & 26(g) Exs.P.26(fi) Signatures of Shivashankara Prasad & (gi) Ex.P.27 List of documents pertaining to RajannaPW 64 Exs.P.27(a) Certificate u/S.65(B) of Indian Evidence Act & 27(b) Exs.P.27(ai) Signatures of Shivashankara Prasad & 27(bi) Ex.P.27(c) Passbook of PW64 Exs.P.27(d) Ledger extracts of PW64's A/c & 27(e) Ex.P.27(f) Statement of PW64 Ex.P.28 List of documents pertaining to Muniyamma PW76 Exs.P.28(a) Certificates u/S.65(B) of Indian Evidence Act & 28(b) Exs.P.28(a Signatures of Shivashankara Prasad
i) &(bi) Ex.P.28(c) Passbook of PW76 Exs.P.28(d) Ledger extracts of PW76's A/c & 28(e) Ex.P.28(f) Statement of PW76 Ex.P.28(fi) Signature of PW1 in Ex.P.28(f) Ex.P.28(g) A/c opening form of PW76 Ex.P.28(gi) Signature of A1 Ex.P.29 List of documents pertaining to MeenakshammaPW33 143 Spl.CC.No.291/2018 Ex.P.29(a) A/c opening form of PW33 Ex.P.29(b) Passbook of PW33 Ex.P.29(c) Statement of PW33 Exs.P.29(d) Certificates u/S.65(B) of Indian Evidence Act & 29(e) Exs.P.29(di) Signatures of Shivashankara Prasad & (ei) Exs.P.29(f) Ledger extracts of PW33 & 29(g) Exs.P.29(fi) Signatures of Shivashankara prasad & (gi) Ex.P.30 List of documents pertaining to Srinathachari PW34 Ex.P.30(a) A/c opening form of PW34 Ex.P.30(b) Passbook of PW34 Ex.P.30(c) Statement of PW34 Exs.P.30(d) Certificates u/S.65(B) of Indian Evidence Act & 30(e) Exs.P.30(di) Signatures of Shivashankar Prasad & 30(ei) Ex.P.30(f) Ledger extract of A/c of PW34 Ex.P.31 List of documents pertaining to Muniyamma Exs.P.31(a) Certificates u/S.65(B) of Indian Evidence Act & 31(b) Exs.P.31(ai) Signatures of Shivashankara Prasad & 31(bi) Ex.P.31(c) Passbook of Muniyamma Exs.P.31(d) Ledger extracts of Muniyamma's A/c & 31(e) Ex.P.31(f) Statement of Muniyamma Ex.P.31(g) A/c opening form of Muniyamma Ex.P.32 List of documents pertaining to Umavathi PW66 Exs.P.32(a) Certificates u/S.65(B) of Indian Evidence Act & 32(b) Exs.P.32(ai) Signatures of Shivashankara Prasad & (bi) Ex.P.32(c) Passbook of PW66 Exs.P.32(d) Ledger extracts of PW66's a/c &32(e) Ex.P.32(f) Statement of PW66 144 Spl.CC.No.291/2018 Ex.P.32(g) A/c opening form of PW66 Ex.P.33 List of documents pertaining to PW93 Venkatalakshmamma Exs.P.33(a) Certificates u/S.65(B) of Indian Evidence Act & 33(b) Exs.P.33(ai) Signatures of Shivashankara Prasad & 33(bi) Ex.P.33(c) Passbook of PW93 Exs.P.33(d) Ledger extracts of PW93's a/c & 33(e) Exs.P.33(di) Signatures of Shivashankara Prasad & 33(ei) Ex.P.33(f) Statement of PW93 Ex.P.33(g) A/c opening form of PW93 Ex.P.33(gi) Signature of A1 Ex.P.34 List of documents pertaining to Gudiyappa PW78 Exs.P.34(a) Certificates u/S.65(B) of Indian Evidence Act & 34(b) Exs.P.34(a Signatures of Shivashankara prasad
i) & (bi) Exs.P.34(d) Ledger extracts of PW78's a/c & 34(e) Ex.P.34(f) Statement of PW78 Ex.P.34(g) A/c opening form of PW78 Ex.P.35 List of documents pertaining to Gudiyappa Exs.P.35(a) Certificates u/S.65(B) of Indian Evidence Act & 35(b) Exs.P.35(a Signatures of Shivashankara prasad
i) & 35(bi) Ex.P.35(c) Passbook of Gudiyappa Exs.P.35(d) Ledger extracts of Gudiyappa's a/c & 35(e) Ex.P.35(f) A/c opening form of Gudiyappa Ex.P.36 List of documents pertaining to Rajalakshmi Ex.P.36(a) Passbook of Rajalakshmi Ex.P.36(b) Statement of Rajalashmi Ex.P.36(bi) Signature of PW1 Exs.P.36(c) Certificates u/S.65(B) of Indian Evidence Act & 36(d) Exs.P.36(ci) Signatures of Shivashankara Prasad 145 Spl.CC.No.291/2018 & 36(di) Exs.P.36(e) Ledger extracts of Rajalakshmi & 36(f) Ex.P.37 List of documents pertaining to Vijayakumar Exs.P.37(a) Certificates u/S.65(B) of Indian Evidence Act & 37(b) Exs.P.37(ai) Signatures of Shivashankara Prasad & 37(bi) Ex.P.37(c) Passbook of Vijayakumar Exs.P.37(d) Ledger extracts of the a/c & 37(e) Ex.P.37(f) Statement of Vijayakumar Ex.P.38 List of documents pertaining to S.Kavitha Exs.P.38(a) Certificates u/S.65(B) of Indian Evidence Act & 38(b) Exs.P.38(ai) Signatures of Shivashankara Prasad & 38(bi) Ex.P.38(c) Passbook of Kavitha Exs.P.38(d) Ledger extracts of a/c of Kavitha & 38(e) Ex.P.38(f) Statement of Kavitha Ex.P.39 List of documents of S.V.Pushpa Exs.P.39(a) Certificates u/S.65(B) of Evidence Act & 39(b) Ex.P.39(c) Passbook of Pushpa Exs.P.39(d) Ledger extracts of Pushpa's a/c & 39(e) Exs.P.39(di) Signatures of Shivashankar Prasad & 39(ei) Ex.P.39(f) Statement of Pushpa Ex.P.39(g) A/c opening form of Pushpa Ex.P.40 List of documents of PW65Venkateshaiah Shetty Exs.P.40(a) Certificates u/S.65(B) of Indian Evidence Act & 40(b) Ex.P.40(c) Passbook of PW65 Exs.P.40(d) Certificates u/S.65(B) of Indian Evidence act & 40(e) Exs.P.40(di) Signatures of Shivashankar Prasad & 40(ei) Ex.P.40(f) Statement of PW65 146 Spl.CC.No.291/2018 Ex.P.40(g) A/c opening form of PW65 Ex.P.40(gi) Signature of A1 Ex.P.41 List of documents pertaining to S.D.Sunanda Ex.P.41(a) A/c opening form of Sunanda Ex.P.41(b) Passbook of Sunanda Ex.P.41(c) Statement of Sunanda Exs.P.41(d) Certificates under Sec.65(B) of Evidence Act & 41(e) Exs.P.41(d Signatures of Shivashankara Prasad
i) & 41(ei) Exs.P.41(f) A/c Ledger extracts of Sunanda & 41(g) Ex.P.42 List of documents pertaining to C.Nanjunda Gowda Exs.P.42(a) Certificates u/S.65(B) of Indian Evidence Act & 42(b) Exs.P.42(ai) Signatures of Shivashankara Prasad & 42(bi) Ex.P.42(c) Passbook of C.Nanjunda Gowda Exs.P.42(d) A/c Ledger extracts of Nanjunda Gowda & 42(e) Ex.P.42(f) Statement of Nanjunda Gowda Ex.P.42(g) A/c opening form of Nanjunda Gowda Ex.P.42(gi) Signature of A1 Ex.P.43 List of documents pertaining to PW74 Lakshmidevamma Exs.P.43(a) Certificates u/S.65(B) of Indian Evidence Act & 43(b) Exs.P.43(ai) Signatures of Shivashankara prasad & 43(bi) Ex.P.43(c) Passbook of PW74 Exs.P.43(d) A/c ledger extracts of PW74 & (e) Exs.P.43(di) Signatures of Shivashankara prasad & 43(ei) Ex.P.43(f) Statement of PW74 Ex.P.44 List of documents pertaining to Shankaramma Exs.P.44(a) Certificates u/S.65(B) of Indian Evidence Act & 44(b) Exs.P.44(ai) Signatures of Shivashankara Prasad & 44(bi) 147 Spl.CC.No.291/2018 Ex.P.44(c) Passbook of Shankaramma Exs.P.44(d) A/c ledger extracts of Shankaramma & 44(e) Exs.P.44(di) Signatures of Shivashankar prasad & (ei) Ex.P.44(f) Statement of Shankaramma Ex.P.44(fi) Signature of PW1 Ex.P.44(g) A/c opening form of Shankaramma Ex.P.44(gi) Signature of A1 Ex.P.45 List of documents pertaining to Kum.Nethra Ex.P.45(a) A/c opening form of Nethra Ex.P.45(ai) Signature of A1 Ex.P.45(b) Passbook of Nethra Ex.P.45(c) Statement of Nethra Exs.P.45(d) Certificates u/S.65(B) of Indian Evidence Act & 45(e) Exs.P.45(di) Signatures of Shivashankara prasad & 45(ei) Exs.P.45(f) A/c ledger extracts of Nethra & 45(g) Exs.P.45(fi) Signatures of Shivashankara Prasad & 45(gi) Ex.P.46 List of documents pertaining to Shanaz Exs.P.46(a) Certificates u/S.65(B) of Indian Evidence Act & 46(b) Exs.P.46(ai) Signatures of Shivashankara Prasad & 46(bi) Ex.P.46(c) Passbook of Shanaz Exs.P.46(d) A/c ledger extracts of Shanaz & 46(e) Ex.P.46(f) Statement of Shanaz Ex.P.46(fi) Signature of PW1 Ex.P.47 List of documents pertaining to PW68 Shankrappa Exs.P.47(a) Certificates u/S.65(B) of Indian Evidence Act & 47(b) Exs.P.47(ai) Signatures of Shivashankara Prasad & 47(bi) Ex.P.47(c) Passbook of PW68 Exs.P.47(d) A/c ledger extracts of PW68 & 47(e) 148 Spl.CC.No.291/2018 Exs.P.47(di) Signatures of Shivashankara Prasad & (ei) Ex.P.47(f) Statement of PW68 Ex.P.47(g) A/c opening form of PW68 Ex.P.47(gi) Signature of A1 Ex.P.48 List of documents pertaining to Rathnamma Exs.P.48(a) Certificates u/S.65(B) of Indian Evidence Act & 48(b) Exs.P.48(ai) Signatures of Shivashankara Prasad & 48(bi) Ex.P.48(c) Passbook of Rathnamma Exs.P.48(d) A/c ledger extracts of Rathnamma & 48(e) Ex.P.49 List of documents pertaining to Chandrappa (SB A/c No.1888346617(438288) ) Ex.P.50 List of documents pertaining to Lakshmidevamma (SB A/c No.1888335222 (437671) ) Ex.P.51 List of documents pertaining to V.R.Madhuravani (SB A/c No.1888307625 (439588) ) Ex.P.52 List of documents pertaining to Rekha, SB A/c No.1888266496 (439011) Ex.P.53 List of documents pertaining to Ananda Murthy, SB A/c No.1888307571 (439583) Ex.P.54 List of documents pertaining to Ramakka, SB A/c No.1888352069 (438499) Ex.P.55 List of documents pertaining to Susheelamma, SB A/c No.1888280584 (446145) Ex.P.56 List of documents pertaining to P.Venkateshappa, SB A/c No.3136810314 Ex.P.57 List of documents pertaining to Shivanna, SB A/c No.1888080993 (418035) Ex.P.58 List of documents pertaining to Rajamma, SB A/c No.1888285305 (446617) Ex.P.59 List of documents pertaining to Asha.K D/o Gullamma, SB A/c No.1888203286 (291969) Ex.P.60 List of documents pertaining to Bhagyamma, SB A/c No.1888190487 (290676) Ex.P.61 List of documents pertaining to Yashodamma, 149 Spl.CC.No.291/2018 A/c No.1888378168 (8211472) Ex.P.62 List of documents pertaining to S.Jayalakshmi, SB A/c No.1888211373(449667) Ex.P.63 List of documents pertaining to Munivenkatappa, RD A/c No.1888201732 (291522) Ex.P.64 List of documents pertaining to Y.A.Manatha, A/c No.450130/1888229057 Ex.P.65 List of documents pertaining to Muniyappa, SB A/c No.1888177006 ( 449560) Ex.P.66 List of documents pertaining to Saraswathamma, RD A/c No.1888225868 (288584) Ex.P.67 List of documents pertaining to Narasamma, RD A/c No.1888206027 (291663) Ex.P.68 List of documents pertaining to Krishnamma, RD A/c No.1888198971 (291827) Ex.P.69 List of documents pertaining to Nagaveni.M, RD A/c No.1888173756 (287798) Ex.P.70 List of documents pertaining to Nanamma, RD A/c No.1888258910 (287390) Ex.P.71 List of documents pertaining to Kanthamma, RD A/c No.1888198964 (291826) Ex.P.72 List of documents pertaining to Narayanamma, RD A/c No.1888242070 (286609) Ex.P.73 List of documents pertaining to Srinivasappa, RD A/c No.1888225622 (288560) Ex.P.74 List of documents pertaining to Rajeshwari.S, RD A/c No.1888199442 (292165) Ex.P.75 List of documents pertaining to Prameelamma, RD A/c No.1888259771 (287606) Ex.P.76 List of documents pertaining to Devika B.K, RD A/c No.1888179628 (288008) Ex.P.77 List of documents pertaining to Sathyanarayana Shetty, RD A/c No.1888199459(292166) Ex.P.78 List of documents pertaining to Umavathi, RD A/c No.1888173763 (287799) Ex.P.79 List of documents pertaining to Padmamma, 150 Spl.CC.No.291/2018 RD A/c No.1888179307 (287971) Ex.P.80 List of documents pertaining to B.M.Chowdareddy, RD A/c No.1888181799 (289698) Ex.P.81 List of documents pertaining to B.M.Chowdareddy, RD A/c No.1888180747 (289593) Ex.P.82 List of documents pertaining to Shantha Kumar.R, RD A/c No.1888220238 (288450) Ex.P.83 List of documents pertaining to Shantha Kumar.R, RD A/c No.1888220245 (288451) Ex.P.84 List of documents pertaining to Shantha Kumar.R, RD A/c No.1888220252 (288452) Ex.P.85 List of documents pertaining to Parvathamma, RD A/c No.1888179321 (287974) Ex.P.86 List of documents pertaining to Parvathamma, RD A/c No.1888179338 (287975) Ex.P.87 List of documents pertaining to Parvathamma, RD A/c No.1888179345 (287976) Ex.P.88 List of documents pertaining to Janhavi, RD A/c No.1888190845 (290712) Ex.P.89 List of documents pertaining to Kavitha.S, RD A/c No.1888192108 (290842) Ex.P.90 List of documents pertaining to Narayanamma, RD A/c No.1888188361(290462) Ex.P.91 List of documents pertaining to Chinamma, RD A/c No.1888253243 (297100) Ex.P.92 List of documents pertaining to T.Srinivas, Rd A/c No.1888202678(291907) Ex.P.93 List of documents pertaining to Narayanamma, RD A/c No.1888214275(288213) Ex.P.94 List of documents pertaining to Dasappa, RD A/c No.1888199640 (292185) Ex.P.95 List of documents pertaining to Sunandamma, RD A/c No.1888206096 (291670) Ex.P.96 List of documents pertaining to Rathnamma, RD A/c No.1888231098 (288674) Ex.P.97 List of documents pertaining to Rajanna, RD A/c No.1888225547 (288552) 151 Spl.CC.No.291/2018 Ex.P.98 List of documents pertaining to RD A/c No.1888173930 (287824) Ex.P.99 List of documents pertaining to Manjula, RD A/c No.1888259504 (287516) Ex.P.100 List of documents pertaining to Venkatamma, RD A/c No.1888236796 (286345) Ex.P.101 List of documents pertaining to Lakshmamma, RD A/c No.1888191279 (290757) Ex.P.102 List of documents pertaining to Munivenkatamma, RD A/c No.1888200131 (292234) Ex.P.103 List of documents pertaining to Obalamma, RD A/c No.1888236802 (286346) Ex.P.104 List of documents pertaining to Thimmakka, RD A/c No.1286381 Ex.P.105 List of documents pertaining to Lakshmamma, RD a/c No.286295 Ex.P.106 List of documents pertaining to S.V.Manjula, RD A/c No.286473 Ex.P.107 List of documents pertaining to Venkatalakshmi, RD A/c No.287598 Ex.P.108 List of documents pertaining to Santhosh M.P, RD A/c No.1888258927 (287391) Ex.P.109 List of documents pertaining to Lakshmidevamma, RD A/c No.286962 Ex.P.110 List of documents pertaining to S.V.Pushpa, RD A/c No.286963 Ex.P.111 List of documents pertaining to Rathnamma, RD a/c No.285459 Ex.P.112 List of documents pertaining to Vanajakshamma, RD A/c No.287433 Ex.P.113 List of documents pertaining to Narayanaswamy, RD A/c No.1888175637(289517) Ex.P.114 List of documents pertaining to S.Ramamurthy, TD A/c No.42990 Ex.P.115 List of documents pertaining to Pavithra, TD A/c No.42972 Ex.P.116 List of documents pertaining to Devika.B.K, TD 152 Spl.CC.No.291/2018 A/c No.1888258569/43034 Ex.P.117 List of documents pertaining to Lakshmidevamma, TD A/c No.43008 Ex.P.118 List of documents pertaining to Narayanamma, TD A/c No.1888172100 (43066) Ex.P.119 List of documents pertaining to Rajanna, TD A/c No.43001 Ex.P.120 List of documents pertaining to Rajamma, TD A/c No.1888172179/43074 Ex.P.121 List of documents pertaining to Gopalappa, TD A/c No.42957 Ex.P.122 List of documents pertaining to Kadiramma, TD A/c No.1888175583/289512 Ex.P.123 List of documents pertaining to Kadiramma, TD A/c No.188210772 (449607) Ex.P.124 List of documents pertaining to Muniyamma, TD A/c No.1888175613 (289515) Ex.P.125 List of documents pertaining to Venkatarathna, TD A/c No.188205631(291624) Ex.P.126 List of documents pertaining to Venkatarathna, TD A/c No.1888211236 (449653) Ex.P.127 List of documents pertaining to Jayamma, TD A/c No.1888175620 (289156) Ex.P.128 List of documents pertaining to Lakshmidevamma, TD A/c No.1888211328 (449662) Ex.P.129 List of documents pertaining to Shylaja, TD A/c No.1888175552/289509 Ex.P.130 List of documents pertaining to Chowda Reddy, TD A/c No.1888206164/291677 Ex.P.131 List of documents pertaining to S.B.Chandra, TD A/c No.1888201121/291461 Ex.P.132 List of documents pertaining to Munivenkatappa, TD A/c No.1888175569/289556 Ex.P.133 List of documents pertaining to Bhagyamma, TD A/c No.1888188118(290437) 153 Spl.CC.No.291/2018 Ex.P.134 List of documents pertaining to Obalesha, TD A/c No.1888175569 (289510) Ex.P.135 List of documents pertaining to Praveen, TD A/c No.188819834 (291817) Ex.P.136 List of documents pertaining to Gowramma, TD A/c No.1888198872 (291767) Ex.P.137 List of documents pertaining to Sundaramma, TD A/c No.1888175644 (289518) Ex.P.138 List of documents pertaining to Munegowda Ex.P.139 List of documents pertaining to Kalyani D/o Padmamma, SSA A/c No.1888390122 (8212087) Ex.P.140 List of documents pertaining to Lavanya.R D/o Radhamma, SSA A/c No.1888391013 (8211959) Ex.P.141 List of documents pertaining to Supriya D/o Chowdareddy, SSA A/c No.1888386675/8211729 Ex.P.142 List of documents pertaining to Anushree D/o Venkatarathnamma, SSA A/c No.1888394328/8212022 Ex.P.143 List of documents pertaining to Anuviha.N D/o Venkatarathnamma, SSA A/c No.1888394335/8212023 Ex.P.144 List of documents pertaining to Nandini D/o Neelamma, SSA A/c No.188837829/8211478 Ex.P.145 List of documents pertaining to Anushree D/p Lakshmi, SSA A/c No.18888373972/8211267 Ex.P.146 List of documents pertaining to V.Pallavi D/o Rathnamma, SSA A/c No.1888373989 (8211268) Ex.P.147 List of documents pertaining to Ananya Bharadwaj D/o Gayathri.S, SSA A/c No.1888377857/8211441 Ex.P.148 List of documents pertaining to Apoorva Bharadwaj D/o Gayathri.S, SSA A/c No.1888377871/8211443 Ex.P.149 List of documents pertaining to Spandhana D/o Manjula S.V, SSA A/c 154 Spl.CC.No.291/2018 No.1888368022/8211320 Ex.P.150 List of documents pertaining to Nivedita D/o Drakshayani, SSA A/c No.1888373712 (8211241) Ex.P.151 List of documents pertaining to Krushika D/o Asha, SSA A/c No.18888378380(8211494) Ex.P.152 List of documents pertaining to Chandana.S D/o Lakshmidevi, SSA A/c No.1888374023 (8211272) Ex.P.153 List of documents pertaining to Afreen D/o Shabana, SSA A/c No.1888386421/8211746 Ex.P.154 List of documents pertaining to Kavyasgree D/o Mamatha, SSA A/c No.1888378311 (8211487) Ex.P.155 List of documents pertaining to Priya Darshini D/o Padmamma, SSA A/c No.1888378274 (8211483) Ex.P.156 List of documents pertaining to Manasa D/o Munilakshmi, SSA A/c No.1888393970 (8211987) Ex.P.157 List of documents pertaining to Gunasri D/o Vedavathi, SSA A/c No.1888378267 (8211482) Ex.P.158 List of documents pertaining to Ume Umraz D/o Rizwana Sultana, SSA A/c No.1888378281/8211484 Ex.P.159 List of documents pertaining to Ankitha D/o Nagarathnamma.S, SSA A/c No.1888386620 (8211724) Ex.P.160 List of documents pertaining to Sadiya Sulthana D/o Yasmin Taj, SSA a/c No.1888377987/8211454 Ex.P.161 List of documents pertaining to Zoya Tabassum D/o Yasmin Taj, SSA a/c no.1888378007/8211456 Ex.P.162 List of documents pertaining to N.Sparsha D/o Gayathramma, SSA A/c No.1888175590 (289513) Ex.P.163 List of documents pertaining to S.R.Kavya D/o Venkatarathnamma, SSA A/c 1888181812 155 Spl.CC.No.291/2018 (289700) Ex.P.164 List of documents pertaining to Harsha D/o Bhagyamma, SSA A/c No.1888175569 (289514) Ex.P.165 List of documents pertaining to Madhu D/o S.K.Ramadevi, SSA A/c No.1888184455 (289965) Ex.P.166 List of documents pertaining to S.N.Ambarish, RPLI Policy No.RKTEA686643 Ex.P.167 List of documents pertaining to Althaf Pasha, RPLI Policy No.RKTEA392068 Ex.P.168 List of documents pertaining to Ganesh Reddy.S.G, RPLI Policy No.RKTEA396940 Ex.P.169 List of documents pertaining to Shakunthamma.V.R, RPLI Policy No.RKTEA 396856 Ex.P.170 List of documents pertaining to Suvarna, RPLI Policy No.RKTEA993057 Ex.P.171 List of documents pertaining to Rajamma, RPLI Policy No.RKTEA337064 Ex.P.172 List of documents pertaining to Narayanaswamy, RPLI Policy No.RKTSKEA 397074 Ex.P.173 List of documents pertaining to Parvathamma, RPLI Policy No.RKTSKEA397144 Ex.P.174 List of documents pertaining to Akkachamma, RPLI Policy No.RKTEA538640 Ex.P.175 List of documents pertaining to Somashekar.S.N, RPLI Policy No.RKTEA 992756 Ex.P.176 List of documents pertaining to Somashekar.S.N, RPLI Policy No.RKTEA 494098 Ex.P.177 Specimen signature booklet Ex.P.177(a) Specimen signature of RD Accounts Ex.P.177(b) Specimen signature of TD Accounts Ex.P.177(c) Specimen signature of SB Accounts Ex.P.178 Specimen signature booklet Ex.P.178(a) Portion containing specimen signature of 156 Spl.CC.No.291/2018 depositors of SB Accounts Ex.P.178(b) Portion containing specimen signature of depositors of TD Accounts in Ex.P.178 Ex.P.179 Specimen signature booklet of depositors Ex.P.180 SB journal book from 17.02.2012 to 07.09.2015 Ex.P.181 SB journal book from 28.07.2015 to 29.02.2016 Ex.P.182 RD journal from 05.03.2014 to 29.02.2016 Ex.P.183 SSA journal from 24.03.2015 to 24.11.2015 Ex.P.184 RPLI journal from 29.09.2012 to 12.02.2016 Ex.P.185 Branch office Accounts book from 01.09.2012 to 30.09.2014 Ex.P.186 Branch office Accounts Book from 01.10.2014 to 31.10.2015 Ex.P.187 Branch office Accounts Book from 01.11.2015 to 29.02.2016 Ex.P.188 Receipt memo for handing over documents to CBI from PW1 Ex.P.188(a) Signature of PW1 in Ex.P.188 Ex.P.189 Copy of Department of Posts, Gramin Dak Sevaks (Conduct and Engagement Rules,2011.
Ex.P.190 Extract of Swamy's Postal Gramin Dak Sevak Ex.P.191 True copy of SB Account opening form with annexures of accused No.1 Ex.P.192 Certified copy of statement of account of accused No.1 Ex.P.193 Receipt memo regarding handing over of documents Ex.P.191 and Ex.P.192 to CBI Ex.P.193(a) Signature of PW6 Ex.P.194 Certificate u/s.65(B) of Evidence Act. Ex.P.194(a) Certificate under Bankers Book Evidence Act Ex.P.194(b) Certificate u/S.65(B) of Evidence Act in Ex.P.194 Ex.P.194(a Signatures of PW6
1)&(b1) Ex.P.195 Inspection Report submitted by PW7 Ex.P.195(a) Signatures of PW7 to 195(h) Ex.P.196 Complaint given by PW7 to CBI 157 Spl.CC.No.291/2018 Ex.P.196(a) Signature of PW6 Ex.P.197 Receipt memo regarding documents submitted to CBI by PW7 Ex.P.198 Complaint dtd.30.04.2016 given by Sri.ArunKumar Ex.P.199 List of accounts containing details of fraud to CBI as per receipt memo.
Ex.P.200 True copy of account opening form with annexures Ex.P.201 Certified copy of statement of accounts Ex.P.202 Receipt memo for producing Ex.P.200 and Ex.P.201 Ex.P.202(a) Signature of PW9 Ex.P.203 Certificate u/S.65(B) of Evidence Act Ex.P.203(a) Certificate under the Bankers Book Evidence & 203(b) Act Ex.P.204 Letter issued by then Asst.Manager Smt.Vanajakshi Ex.P.204(a) Signature of Smt.Vanajakshi Ex.P.204(b) Signature of PW9 Ex.P.205 Payment order Ex.P.205(a) Signatures of PW10 & 205(b) Ex.P.206 to Withdrawal forms Ex.P.208 Ex.P.209 Complaint against accused No.1 by Asst.Superintendent of Posts, Kolar Dn. Ex.P.210 FIR registered against A1 in Cr.No.1193/2016 by Kolar Rural Police Station Ex.P.211 Receipt memo for handing over documents in RC.18A/2016/CBI/ACB/BLR dtd.31.08.2016 Exs.P.212 to RD passbooks P.217 Exs.P.218 to Payinslips P.244 Exs.P.218(a) Signatures of accused No.1 to P.232(a) & P.234(a) to P.244(a) Exs.P.245 to Branch office daily account alongwith P.549 158 Spl.CC.No.291/2018 annexures Exs.P.245(a) Signatures of accused No.1.
to 319(a),
P.321(a) to
377(a),
Ex.P.379(a)
to 431(a) &
433(a) to
549(a)
Exs.P.550 to Withdrawal forms
P.570
Exs.P.550(a) Signatures of accused No.1
to 561(a),
P.563(a) to
570(a)
Ex.P.571 Receipt memo
Ex.P.571(a) Signature of Shivashankara Prasad
Exs.P.572 & Certified copies of Rules for Branch office, Post
P.573 office savings Bank Manual
Exs.P.572(a) Signatures of Shivashankara Prasad
& 573(a)
Ex.P.574 SSA Rules
Ex.P.574(a) Signature of Shivashankara Prasad
Ex.P.575 Search list and inventory
Exs.P.576 to Passbooks, BO receipts and other papers
P.652
Ex.P.653 Report submitted by PW54 to SubDn., office,
Kolar
Ex.P.653(a) Signature of PW54
Ex.P.654 Covering letter
Ex.P.655 Sanction order issued by PW55 to proceed
against accused No.1
Exs.P.654(a) Signature of PW55
& 655(a)
Ex.P.656 Three covering letters
Ex.P.656(a) Signature of PW55
Exs.P.657, Rules of GDS (Conduct and Engagement)
658 & 659 Rules, 2011.
Ex.P.660 Rules of Branch offices
Ex.P.661 Branch Post Masters Training and Guide Book
Ex.P.662 Covering letter of instruction reports filed by
159 Spl.CC.No.291/2018
Mail Overseers of Kolar, SubDn., Ex.P.662(a) Signature of PW55 Exs.P.663 to Six reports submitted by Mail Overseer P.668 Ex.P.669 Covering letters of SBI account opening forms and vouchers to CBI Exs.P.670 to 11 documents of SBI account opening forms P.680 and vouchers Exs.P.670(a) Signatures of PW55 to P.680(a) Ex.P.681 CFSL Opinion in 6 pages by PW57 Ex.P.681(a) Signature of PW57 Ex.P.682 Covering letter Ex.P.682(a) Signature of Director Ex.P.683 Cover in which report and documents sent to CBI Ex.P.684 Specimen handwritings S.1 to S61 with sub marks in 96 pages Ex.P.685 Specimen initials S.63 to S.63/2 Ex.P.686 Specimen signatures of accused No.1 at S.62 to S.62/2 Exs.P.687 to Closure forms with account opening forms P.692 Exs.P.693 to 3 RPLI receipts P.695 Ex.P.696 Mahazar dtd.30.08.2017 Ex.P.696(a) Signature of PW63 Ex.P.696(b) Signature of accused No.1 Ex.P.696(c) Signature of accused No.2 Ex.P.697 Nil search list Ex.P.697(a) Signature of PW101 Ex.P.698 Receipt memo Ex.P.698(a) Signature of PW101 Ex.P.699 FIR in RC No.18A/2016 Ex.P.699(a) Signature of Subramanyeshwara Rao LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENCE :
Ex.D.1 Portion of statement under Sec.161 Cr.P.C 160 Spl.CC.No.291/2018 given by PW2 before CBI Ex.D.2 Portion of statement under Sec.161 Cr.P.C given by PW3 before CBI Ex.D.3 Portion of statement under Sec.161 of Cr.P.C given by PW24 before CBI Ex.D.4 Portion of statement under Sec.161 of Cr.P.C given by PW24 before CBI Ex.D.5 Portion of statement given by PW26 Ex.D.7 Statement given by PW54 Ex.D.7(a) Relevant portion of statement Ex.D.8 Relevant portion of Statement of PW60 Ex.D.9 Relevant portion of Statement of PW62 Ex.D.10 Relevant portion of Statement of PW64 Ex.D.11 Relevant portion of Statement of PW60 Ex.D.12 Relevant portion of Statement of PW74 Ex.D.13 Portion of statement of PW78 Ex.D.13(a) Relevant portion of statement of PW78 regarding outstanding balance Ex.D.13(b) Relevant portion of statement of PW78 regarding utilization of Rs.300/ Ex.D.14 Relevant portion of statement of PW80 LIST OF MATERIAL OBJECTS :
NIL (E.CHANDRAKALA) XLVII Addl. City Civil & Sessions Judge and Special Judge for CBI cases, Bengaluru.
**** 161 Spl.CC.No.291/2018 162 Spl.CC.No.291/2018