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IN THE COURT OF ADDL., JUNIOR CIVIL JUDGE :: REPALLE
Present :- Smt K.Jaya Lakshmi, LL.M., Addl., Junior Civil Judge, Repalle
MONDAY, THE 24 th DAY OF APRIL, 2017
C.C.No.376/2010
BETWEEN: The State : Rep. by Inspector of Police, Repalle.. . . COMPLAINANT AND
1. Padavala Narasimha Rao, S/o.Laxminarayana, 38 Yrs., Padmasali, Bhattiprolu Village, (Gold Appraiser Andhra Bank, Bhattiprolu).
2. Ala Srinivasa Rao, S/o.Subbarao, Bhattiprolu.
3. Arepalli Vigneswara Rao, S/o.Krishna Murthy, Bhattiprolu.
4. Abdulla Baig, S/o.Ahammed Baig, Bhattiprolu.
5. Audina Ravi Kumar, S/o.Venkatarathnam, Bhattiprolu.
6. Arepalli Krishnakumari, W/o.Venkateswara Rao, Bhattiprolu.
7. Koutharapu Syam Kumar, S/o.Sambasivarao, Addepalli.
8. Bellamkonda Manikyarao, S/o.Subbaiah, Balijepalli.
9. Badugu Vimala, W/o.Venkatarao, Bhattiprolu.
10. Batta Venkatakrishna, S/o.Venkatarathnam, Bhattiprolu.
11. Bojja Jayarao, S/o.Yesurathnam, Addepalli Village.
12. Chettupalli Sureshbabu, S/o.Yacob, Bhattiprolu.
13. Dasari Parisudharao, S/o.Yesupadam, Bhattiprolu.
14. Guntur Bhavannarayana, S/o.Venkata Subbaiah, Bhattiprolu.
15. Giddaturi Venkata Danalaxmi, W/o.Satyanarayana, Bhattiprolu.
16. Goriparthy Dharmaraju, S/o.Venkateswarlu, Bhattiprolu.
17. Goriparthy Krishnamurthy, S/o.Subbaraidu, Bhattiprolu. (Died)
18. Gunturu Jayalalitha, W/o.Pothuraju, Bhattiprolu.
19. Gunturu Kalyani, W/o.Nagasubbarao, Bhattiprolu.
20. Gunturu Yesobu, S/o.Venkata Subbaiah, Bhattiprolu.
21. Jafrullah Khan, S/o.Rasool Khan, Bhattiprolu.
22. Kolli Rajasekhar, S/o.Maheswara Rao, Vellaturu.
23. Kanaparthy Eswaramma, W/o.Rosaiah, Bhattiprolu.
24. Kommerla Nagaraju, S/o.Nagaiah, Addepalli.
25. Koutharapu Nageswara Rao, S/o.Bavanarushi, Bhattiprolu.
26. Kodali Parisudharani, W/o.Ramprasad, Bhattiprolu.
27. Kanaparthy Ramaiah, S/o.Kotaiah, Bhattiprolu.
28. Kanaparthy Rosaiah, S/o.Kotaiah, Bhattiprolu. (Died)
29. Kanaparthy Sundhararao, S/o.China Kotaiah, Bhattiprolu.
30. Kolusu Venkata Subba Rao, S/o.Sambasiva Rao, Bhattiprolu.
31. Kanaparthy Vijaya Mohanarao, S/o.Govindu, Bhattiprolu. (Died)
32. Lingam Koteswara Rao, S/o.Mutyalu, Bhattiprolu.
33. Lingam Nageswara Rao, S/o.Koteswara Rao, Bhattiprolu.
34. Lingam Bujji, W/o.Srinivasarao, Bhattiprolu.
35. Lingam Laxmi, W/o.Peda Laxmaiah, Bhattiprolu.
36. Manepalli Hari Prasad, S/o.Laxmi Narasimharao, Bhattiprolu.
37. Manikala Srinivasa Rao, S/o.Subbarao, Bhattiprolu.
38. Mandru Vijaya Mery Vara Kumari, W/o.Yesobu, Bhattiprolu.
39. Mandu Venkata Suryanarayana, S/o.Prasadarao, Bhattiprolu.
40. Mandru Bharathi, W/o.Subbarao, Bhattiprolu.
41. Mandru Nirmaladevi, W/o.Subbarao, Bhattiprolu.
42. Mandru Rambabu, S/o.Subbarao, Bhattiprolu.
43. Mandru Sunitha, W/o.Sudhakararao, Bhattiprolu.
44. Md.Salim, S/o.Usman, Addepalli.
45. Movva Prasad, S/o.Bushaiah, Bhattiprolu.
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46. Nela Drakshavali, W/o.Mariyadas, Bhattiprolu.
47. Neela Ruthamma, W/o.Sadu Sundhararao, Bhattiprolu.
48. P.D.Prabhakar, C/o.P.Narasimharao, Bhattiprolu.
49. Pullamsetty Srinivasa Rao, S/o.Ramaswamy, Bhattiprolu.
50. Pappala Sureshbabu, S/o.Sudarsanam, Bhattiprolu.
51. Pathan Nazeer, S/o.Johny, Bhattiprolu.
52. Siriboina Venkateswararao, S/o.Koteswara Rao, Bhattiprolu.
53. Sriramulu Venkateswarlu, S/o.Ramulu, Bhattiprolu.
54. Shabbirvali Khan, S/o.Rasulkhan, Bhattiprolu (Died)
55. Sk.Badarunnisa, W/o.Abdulkarim, Bhattiprolu.
56. Sk.Dilshadbegum, W/o.Mahaboob Yusuff, Bhattiprolu.
57. Sk.Kalesha, S/o.Khaja, Bhattiprolu.
58. Sk.Syrabhanu, W/o.Ibrahim, Bhattiprolu.
59. Vasimalla Parisudham, W/o.Prakasam, Bhattiprolu.
60. Vaka Yesoda, W/o.Subbarao, Bhattiprolu.
61. Yanam Jayalaxmi, W/o.Chittaiah, Bhattiprolu.
62. Bhattiprolu Bikshalu, S/o.Subba Rao, Bhattiprolu (Died)
63. Dogiparthy Venkata Subba Rao, S/o.Siva Suba Rao, Ilavaram Village.
64. Dogiparthy Balasubrahmanyam, S/o.Siva Sankara Dharma Nageswara Rao, Bhattiprolu.
65. Guntur Devadasu, S/o.Veeraiah, Bhattiprolu.
66. Kunche Venkateswararao, S/o.Nancharaiah, Bhattiprolu.
67. Kolusu Sivaji, S/o.Pitchaiah, Bhattiprolu.
68. Pathan Aktharunnisa, W/o.Johny, Bhattiprolu (Died)
69. Ravu Laxmanarao, S/o.Sriramachandrarao, Surepalli.
70. Yaragalla Raghuramaiah, S/o.Subbarao, Surepalli.
71. Borra Srinivasarao, S/o.Venkateswararao, Surepalli.
72. Murugudu Venkatakrishna, S/o.Sitharamaiah, Bhattiprolu.
73. Adina Yohan, S/o.Venkatarathnam, Bhattiprolu.
74. Polumatla Vijay Kumar, S/o.Late Kotaiah, 53 Yrs., Madiga, D.No.5-19-33, Padisonpet, Tenali, Manager, Andhra Bank, Kothagudem.
75. T.Keshava Sastry, Bank Manager, Andhra Bank, Bhattiprolu, now at Piduguralla.
76. Neti Sri Ramulu, S/o.Parameswara Sharma, 51 Yrs., Brahmin, D.No.22-05-09, Sarojininaidu street, Kothapet, Tenali, Assistant Manager, Andhra Bank, Tenali.
77. D.Pavan Kumar, S/o.BAV Vijayan, Assistant Manager, Andhra Bank, Bhattiprolu.
78. M.K.Pattabhi, Cashier, Andhra Bank, Bhattiprolu now at Kuppam.. . . ACCUSED (The case against Accused Nos.17, 28, 31, 54, 62 and 68 is abated)
This case is coming on 12-04-2017 for final hearing before me in
presence of learned Assistant Public Prosecutor for the State and of
Sri P.Manikya Rao, Advocate for Accused No.1, Sri V.Udaya Prasad,
Advocate for Accused Nos.2 to 6, 16, 22, 30, 31, 52, 64, 66 and 73,
Sri G.Prasanth Kumar, Advocate for Accused Nos.8, 9, 11 to 14, 18 to 20,
23, 26 to 29, 32 to 35, 37, 38, 40 to 43, 45, 46, 47, 59, 60, 61, 65, Sri N.Rama
Krishna, Advocate for Accused Nos.7, 10, 15, 21, 24, 25, 36, 39, 44, 49, 50,
51, 53, 55 to 58, 67, 72, Sri V.Raghavaiah, Advocate for Accused Nos.48, 74
and 76, Sri V.Ram Prasad, Advocate for Accused Nos.70, 71
Sri J.S.Nagaraju, Advocate for Accused No.75, Sri N.Pothu Raju Advocate
for Accused No.77 , Sri P.Aiz, Advocate for Accused No.69 , Sri B.Srinivasa
Rao (Sr), Advocate for Accused Nos.63 and 78 . Having stood over for
consideration till this day, this court delivers the following:- 3
J U D G M E N T
1.The state represented by the Inspector of Police, Repalle filed charge sheet in Cr.No.9/2009 of Bhattiprolu P.S., against the accused for the offences under
Secs.420, 406 and 409 of IPC.
2.Brief facts of the Prosecution case are as follows:- This is a case of cheating inducing delivery of property followed by criminal breach of trust by a public servant which occurred between 03-01-2005 and 24-11-2008 at Andhra
Bank, Bhattiprolu Branch and reported to police on 04-02-2009 wherein the
Accused No.1 is working as Gold Jewel Appraiser in Adhra Bank, Bhattiprolu
Branch on commission basis colluded with Accused Nos.2 to 73 who are mostly account holder of Andhra Bank, obtained gold loans on the names of A.2 to A.73 to a tune of Rs.27,50,500/- comprised with interest worth Rs.32,05,328/- on different dates from 03-01-2005 by pledging spurious gold jewels notifying them
as 22 Cts gold ornaments and thereby cheated the bank. A.74 to A.78 colluded
with A.1 for their wrongful gain. During the year 1997 the bank authorities have appointed A.1 as gold jewel appraiser in the Andhra Bank branch, Gullapalli on commission and contract basis. During the month of December, 2008 the higher authorities of Andhra Bank received a psedonymous representation from the villagers of Bhattiprolu that the accused who is gold appraiser is allowing gold loans against spurious gold ornaments in Bhattiprolu Andhra Bank Branch. On that Zonal office authorities instructed the L.W.1 to verify the genuineness of the issue and also instructed to reappraisal of the gold jewels. On that L.W.1 engaged
L.W.4 who is the appraiser of Andhra Bank, Gullapalli branch for the reappraisal of the gold jewels allowed by the accused. Then L.W.4 conducted reappraisal of the jewels for about 4 days in 1/09 with reference to all the applications against gold ornaments and found total 179 gold loan transactions are bogus wherein the accused sanctioned gold loans by pledging spurious ornaments. Thereafter, L.W.4 consolidated the findings of his report and submitted the same to Zonal Office through Branch Manager, Andhra Bank, Bhattiprolu. Later they placed the matter
before higher officials and as per their instructions L.W.1 listed out the names of
borrowers that obtained gold loans in collusion of accused by pledging spurious gold ornaments and lodged the report in the police station for taking necessary action against the accused gold appraiser and also against the borrowers. Basing on the report of L.W.1, L.W.9/S.I of Police, Bhattiprolu P.S., registered this case and investigated into. During the course of investigation, it is disclosed that the accused cheated the bank by pledging spurious gold ornaments and obtained loans by aiding with A.1 and caused loss to the Andhra Bank, Bhattiprolu Branch.
The description of the cheating caused by the accused noted below.
4 (1) A.2 obtained a loan of Rs.12,000/- on 27-02-2007 by pledging (1) Palakasari Golusu (Spurious) net weighing about 25 grams as against the appraiser value of Rs.22,500/- vide Account No.20061059 and now the outstanding balance of the said loan account is Rs.14,722/-.
In the same manner A.2 obtained further loan totaling an amount of
Rs.89,000/- by pledging total 241 grams of spurious gold on different dates vide
Account Nos.20061085, 20060997, 20070058, 20070102. 20070197, 20070312, 20070507, 20080244 and now the outstanding balance of said loan accounts are
Rs.1,15,630/-.
(2) A.3 obtained a loan of Rs.11,000/- on 19-02-2007 by pledging (1) Palakasari Golusu (Spurious) net weighing about 24 grams as against the appraiser value of Rs.20,700/- vide Account No.20061039 and now the outstanding balance of said loan account is Rs.13,523/-.
(3) A.4 obtained a loan of Rs.28,800/- on 20-10-2008 by pledging (1) Spurious wrist chain and palakasiri chain net weighing about 36 grams as against the appraiser value of Rs.36,000/- vide account No.20080519 and now the outstanding balance of said loan account is Rs.29,519/-.
(4) A.5 obtained a loan of Rs.48,800/- on different dates by pledging some spurious gold ornaments weighing about 107 grams vide Account Nos.20070054, 20050869, 20060026 and now the outstanding balance of said loan accounts are
Rs.58,716/-.
(5) A.6 obtained a loan of Rs.17,600/- on 06-10-2008 by pledging spurious two rows nanutadu net weighing about 22 gms., as against the appraiser value of
Rs.22,000/- vide Account No.20080469 and now the outstanding balance of said loan account is Rs.18,087/-.
(6) A.7 obtained a loan of Rs.14,000/- on 31-01-2007 by pledging spurious
Nanutradu net weighing about 27 grams as against the appraiser value of
Rs.24,300/- vie account No.20060985 and now the outstanding balance of said loan account is Rs.17,295/-.
(7) A.8 obtained a loan of Rs.9,000/- on 04-02-2008 by pledging spurious 2 bangles net weighing about 18 grams as against the appraiser value of
Rs.18,000/- vide account No.20073769 and now the outstanding balance of said loan account is Rs.9,844/-.
(8) A.9 obtained a loan of Rs.22,000/- on 10-09-2008 by pledging spurious (1) Two rows chandraharam and (2) Nanutradu neat weighing about 28 grams as against the appraiser value of Rs.28,000/- vide Account No.20080357 and now the outstanding balance of said loan account is Rs.22,659/-.
5 (9) A.10 obtained a loan of Rs.9,000/- on 20-02-2008 by pledging spurious two rows chandraharam net weighing about 18 grams as against the appraiser value of Rs.18,000/- vide account No.20070796 and now the outstanding balance of said loan account is Rs.9,815/-.
(10) A.11 obtained a loan of Rs.50,600/- on different dates by pledging spurious gold ornaments net weighing about 85 grams as against the appraiser value of Rs.82,200/- vide account No.20070689, 20070835, 20080048 and 20080281 and now the outstanding balance of said loan account is Rs.54,286/-.
(11) A.12 obtained a loan of Rs.13,000/- on 30-07-2007 by pledging spurious palakasaripetalu-2 net weighing about 25 grams as against the appraiser value of
Rs.20,800/- vide account No.20070307 and now the outstanding balance of said loan account is Rs.14,977/-.
(12) A.13 obtained a loan of Rs.50,800/- on different dates by pledging spurious some gold ornaments net weighing about 98 grams as against the appraiser value of Rs.98,000/- vide account No.200707784, 20070802, 20080074 and now the outstanding balance of said loan account is Rs.62,942/-.
(13) A.14 obtained a loan of Rs.14,000/- on 26-12-2007 by pledging spurious two rows nanutradu net weighing about 25 grams as against the appraiser vaue of Rs.24,300/- vide account No.20070704 and now the outstanding balance of said loan account is Rs.15,417/-.
(14) A.15 obtained a loan of Rs.95,000/- on different dates by pledging spurious gold ornaments net weighing about 184 grams as against the appraiser value of Rs.1,24,500/- vide account Nos.20070364, 20070381, 20070402, 20070473, 20070492, 20070535 and 20080030 and now the outstanding balance of said loan account is Rs.1,06,246/-.
(15) A.16 obtained a loan of Rs.74,000/- on different dates by pledging spurious some gold ornaments net weighing about 109 grams as against the appraiser value of Rs.1,00,100/- vide account Nos.20061129, 20070064, 20070120 and 20080182 and now the outstanding balance of said loan account is
Rs.86,660/-.
(16) A.17 obtained a loan of Rs.66,000/- on different dates by pledging spurious some gold ornaments net weighing about 134 grams as against the appraiser value of Rs.1,10,200/- vide account Nos.20070039, 20060429, 20060439 and 20060532 and now the outstanding balance of said loan account is
Rs.79,553/-.
(17) A.18 obtained a loan of Rs.67,000/- on different dates by pledging spurious some gold ornaments net weighing about 108 grams as against the appraiser value of Rs.1,08,000/- vide account No.20070836, 20070842, 2008003 and 20080266 and now the outstanding balance of said loan account is Rs.71,392/-.
6 (18)A.19 obtained a loan of Rs.15,000/- on 22-04-2008 by pledging spurious palakasarigolusu net weighing about 25 grams as against the appraiser value of Rs.25,000/- vide account No.20080031 and now the outstanding balance of said loan account is Rs.15,954/-.
(19) A.20 obtained a loan of Rs.1,22,000/- on different dates by pledging spurious some gold ornaments net weighing about 212 grams as against the appraiser value of Rs.1,70,700/- vide account Nos.20070429, 20070395, 20070451, 20070684, 20070697, 20070815 and 20080382 and now the outstanding balance of said loan account is Rs.1,33,872/-.
(20) A.21 obtained a loan of Rs.14,500/- on 01-02-2008 by pledging spurious palakasarigolusu net weighing about 29 grams as against the appraiser value of
Rs.28,000/- vide Account No.20070765 and now the outstanding balance of said loan account is Rs.15,864/-.
(21) A.22 obtained a loan of Rs.30,000/- on 16-03-2007 and 12-06-2007 by pledging spurious palakasarigolusu and palakasiripetalu net weighing about 61 grams as against the appraiser value of Rs.53,150/- vide account Nos.20061100 and 20070176 and now the outstanding balance of the said loan account is
Rs.35,710/-.
(22) A.23 obtained a loan of Rs.12,000/- on 02-09-2008 by pledging spurious nanutradu net weighing about 15 grams as against the appraiser value of
Rs.15,000/- vide account No.20080312 and now the outstanding balance of said loan account is Rs.12,379/-.
(23) A.24 obtained a loan of Rs.7,500/- on 22-5-2008 by pledging spurious nanutradu net weighing about 13 grams as against the appraiser value of
Rs.13,000/- vide account No.20080070 and now the outstanding balance of said loan account is Rs.7,914/-.
(24) A.25 obtained a loan of Rs.54,200/- on 01-09-2008, 17-09-2008 and 29-09-2008 by pledging spurious some gold ornaments net weighing about 68 grams as against the appraiser value of Rs.68,000/- vide account No.20080297, 20080390 and 20080436 and now the outstanding balance of said loan account is
Rs.55,865/-.
(25) A.26 obtained a loan of Rs.12,000/- on 01-10-2007 by pledging spurious palakasarigolusu-1 and nanutradu net weighing about 24 grams as against the appraiser value of Rs.19,200/- vide account No.20070456 and now the outstanding balance of said loan account is Rs.13,510/-.
(26) A.27 obtained a loan of Rs.15,000/- on 04-12-2007 by pledging spurious nanutradu and chandraharam net weighing about 30 grams as against the appraiser value of Rs.27,000/- vide account No.20070626 and now the outstanding balance of said loan account is Rs.16,615/-.
7 (27) A.28 obtained a loan of Rs.35,200/- on 18-09-2008 and 18-11-2008 by pledging spurious nallapusalagolusulu-2 and Palakasirigolusu-1, nanutradu-1 net weighing about 44 grams as against the appraiser value of Rs.44,000/- vide account Nos.20080400, 20080103 and now the outstanding balance of said loan account is Rs.36,254/-.
(28) A.29 obtained a loan of Rs.33,600/- on 23-09-2008 and 24-11-2008 by pledging spurious nanutradulu-2 and nallapusalagolusulu-2 net weighing about 44 grams as against the appraiser value of Rs.44,000/- vide account Nos.20080409 and 20080117 and now the outstanding balance of said loan account is
Rs.34,552/-.
(29) A.30 obtained a loan of Rs.39,000/- on 12-01-2007 and 09-03-2007 by pledging spurious nallapulagolusu, nanutradu and palakasarigolusu net weighing about 78 grams as against the appraiser value of Rs.70,200/- vide account
Nos.20060959 and 20061089 and now the outstanding balance of said loan account is Rs.47,983/-.
(30) A.31 obtained a loan of Rs.39,000/- on 28-08-2008 and 04-09-2008 by pledging spurious nanutradulu-2 and nallapusalagolusu-1 net weighing about 49 grams as against the appraiser value of Rs.49,000/- vide account No.20080276 and 20080321 and now the outstanding balance of said loan account is Rs.40,288/-.
(31) A.32 obtained a loan of Rs.18,000/- on 20-10-2008 by pledging spurious nallapusalagolusu-1 and nanutradu-1 net weighing about 23 grams as against the appraise value of Rs.23,000/- vide account No.20080518 and now the outstanding balance of said loan account is Rs.18,449/-.
(32) A.33 obtained a loan of Rs.16,000/- on 30-08-2008 by pledging spurious nallapusalagolusu-1 and nanutradu-1 net weighing about 20 grams as against the appraiser value of Rs.20,000/- vide account No.20080296 and now the outstanding balance of said loan account is Rs.16,513/-.
(33) A.34 obtained a loan of Rs.36,000/- on 12-09-2007 and 22-10-2007 by pledging spurious nanutradulu-3 net weighing about 52 grams as against the appraise value of Rs.62,000/- vide account No.20070406 and 20070504 and now the outstanding balance of said loan account is Rs.40,856/-.
(34) A.35 obtained a loan of Rs.39,500/- on different dates by pledging spurious some gold ornaments 1 net weighing about 76 grams as against the appraiser value of Rs.69,000/- vide account Nos.20070387, 20080115 and 20070181 and now the outstanding balance of said loan account is Rs.43,621/-.
(35) A.36 obtained a loan of Rs.21,000/- on 29-11-207 and 10-11-2008 by pledging spurious nanutradulu-2 net weighing about 40 grams as against the appraiser value of Rs.38,700/- vide account Nos.20070613, 20080578 and now the outstanding balance of said loan account is Rs.21,983/-.
8 (36) A.37 obtained a loan of Rs.25,000/- on 26-10-2007 and 20-05-2008 by pledging spurious some gold ornaments net weighing about 48 grams as against the appraiser value of Rs.45,000/- vide account Nos.20070518 and 20080061 and now the outstanding balance of said loan account is Rs.27,334/-.
(37) A.38 obtained a loan of Rs.78,300/- on different dates by pledging spurious gold ornaments net weighing about 111 grams as against the appraiser value of Rs.1,11,000/- vide account Nos.20080020, 20080053, 20080269 and 20080560 and now the outstanding balance of said loan account is Rs.81,614/-.
(38) A.39 obtained a loan of Rs.41,000/- on different dates by pledging spurious gold ornaments-1 net weighing about 68 grams as against the appraiser value of Rs.63,200/- vide account Nos.20060990, 20061093, 20080538 and now the outstanding balance of said loan account is Rs.47,065/-.
(39) A.40 obtained a loan of Rs.41,000/- on different dates by pledging spurious gold ornaments-1 net weighing about 72 grams as against the appraiser value of Rs.72,000/- vide account Nos.20070791, 20070830, 20080323 and now the outstanding balance of said loan account is Rs.44,111/-.
(40) A.41 obtained a loan of Rs.46,000/- on 13-02-2008 and 29-02-2008 by pledging spurious some gold ornaments net weighing about 86 grams as against the appraiser value of Rs.86,000/- vide account Nos.20070788 and 20070807 and now the outstanding balance of said loan account is Rs.50,125/-.
(41) A.42 obtained a loan of Rs.38,000/- on 13-12-2007 and 26-09-2008 by pledging spurious some gold ornaments net weighing about 57 grams as against the appraiser value of Rs.54,300/- vide account Nos.20070670 and 20080419 and now the outstanding balance of said loan account is Rs.40,817/-.
(42) A.43 obtained a loan of Rs.19,000/- on 26-09-2008 by pledging spurious palakasirigolusu net wet weighing about 24 grams as against the appraiser value of Rs.24,000/- vide account No.20080428 and now the outstanding balance of said loan account is Rs.19,563/-.
(43) A.44 obtained a loan of Rs.14,000/- on 28-05-2007 by pledging spurious nanutradu net weighing about 28 grams as against the appraiser value of
Rs.25,200/- vide account No.20070134 and now the outstanding balance of said loan account is Rs.16,394/-.
(44) A.45 obtained a loan of Rs.26,400/- on 13-10-2008 by pledging spurious nallapusalagolusu and palakasirigolusu net weighing about 33 grams as against the appraiser value of Rs.38,000/- vide account No.20080490 and now the outstanding balance of said loan account is Rs.27,095/-.
9 (45) A.46 obtained a loan of Rs.42,400/- on 10-11-2008 and 19-11-2008 by pledging spurious nanutradulu-2, palakasirigolusulu-2 weighing about 53 grams as against the appraiser value of Rs.53,000/- vide account Nos.20080077 and 20080106 and now the outstanding balance of said loan account is Rs.43,672/-.
(46) A.47 obtained a loan of Rs.69,500/- on different dates by pledging spurious some gold ornaments net weighing about 103 grams as against the appraiser value of Rs.1,03,000/- vide account Nos.20070844, 20080034, 20080316, 20080116 and now the outstanding balance of said loan account is Rs.72,927/-.
(47) A.48 obtained a loan of Rs.50,000/- on 11-05-2007 by pledging spurious bangles and chain net weighing about 95 grams as against the appraiser value of
Rs.85,500/- vide account No.20070089 and the outstanding balance of said loan account is Rs.58,914/-.
(48) A.49 obtained a loan of Rs.29,500/- on 19-02-2007 and 05-06-2007 by pledging spurious nanutradu, palakasirigolusu-2 net weighing about 57 grams as against the appraiser value of Rs.55,700/- vide account Nos.20061034 and 20080101 and now the outstanding balance of said loan account is Rs.32,173/-.
(49) A.50 obtained a loan of Rs.10,000/- on 13-10-2008 by pledging spurious nanutradu net weighing about 13 grams as against the appraiser value of
Rs.13,000/- vide account No.20080450 and now the outstanding balance of said loan account is Rs.10,283/-.
(50) A.51 obtained a loan of Rs.69,500/- on different dates by pledging spurious some gold ornaments net weighing about 126 grams as against the appraiser value of Rs.1,20,700/- vide account Nos.20061107, 20070017, 20070270, 20080157 and 20080160 and now the outstanding balance of said loan account is
Rs.77,254/-.
(51) A.52 obtained a loan of Rs.14,000/- on 02-01-2007 by pledging spurious nanutradu net weighing about 28 grams as against the appraiser value of
Rs.25,200/- vide account Nos.20060941 and now the outstanding balance of said loan account is Rs.17,419/-.
(52) A.53 obtained a loan of Rs.57,000/- on different dates by pledging spurious some gold ornaments net weighing about 104 grams as against the appraiser value of Rs.1,04,000/- vide account Nos.20070744, 20070748, 20070823, 20080026 and now the outstanding balance of said loan account is Rs.61,713/-.
(53) A.54 obtained a loan of Rs.81,000/- on different dates by pledging spurious some gold ornaments net weighing about 174 grams as against the appraiser value of Rs.1,43,400/- vide account Nos.20061120, 20070044, 20070093, 20070184, 20070261 and now the outstanding balance of said loan account is
Rs.95,621/-.
10 (54) A.55 obtained a loan of Rs.18,000/- on 23-08-2007 and 18-10-2007 by pledging spurious nanutradu-1 and nallapusalagolusu-1 net weighing about 35 grams as against the appraiser value of Rs.30,000/- vide account Nos.20070355 and 20070497 and now the outstanding balance of said loan account is
Rs.20,373/-.
(55)A.56 obtained a loan of Rs.24,000/- on 14-08-2007, 16-10-2007 by pledging spurious nanutradulu-2, Nallapusalagolusu-1 net weighing about 47 grams as against the appraiser value of Rs.40,800/- vide account Nos.20070346 and 20070488 and now the outstanding balance of said loan account is
Rs.27,125/-.
(56) A.57 obtained a loan of Rs.27,000/- on 12-01-2007 and 18-01-2007 by pledging spurious palakasirigolusu-1, nanutradu-1 net weighing about 55 grams as against the appraiser value of Rs.49,500/- vide account Nos.20060955 and 20060966 and now the outstanding balance of said loan account is Rs.33,489/-.
(57) A.58 obtained a loan of Rs.33,500/- on different dates by pledging spurious some gold ornaments net weighing about 78 grams as against the appraiser value of Rs.75,200/- vide account Nos.20070547, 20080039 and 20080106 and now the outstanding balance of said loan account is Rs.46,840/-.
(58) A.59 obtained a loan of Rs.13,000/- on 27-05-2005 by pledging spurious nanutradu-1, Chandraharam-1 net weighing about 22 grams as against the appraiser value of Rs.22,000/- vide account No.20080082 and now the outstanding balance of said loan account is Rs.13,697/-.
(59) A.60 obtained a loan of Rs.16,000/- on 09-04-2008 by pledging spurious
Chandraharam net weighing about 27 grams as against the appraiser value of
Rs.27,000/- vide account No.20080015 and now the outstanding balance of said loan account is Rs.17,076/-.
(60) A.61 obtained a loan of Rs.69,600/- on different dates by pledging spurious some gold ornaments net weighing about 87 grams as against the appraiser value of Rs.87,000/- vide account Nos.20080059, 20080081, 20080096, 20080120 and now the outstanding balance of said loan account is Rs.71,701/-.
(61) A.62 obtained a loan of Rs.32,000/- on 28-06-2006, 05-07-2006 by pledging spurious chain-1, bangles-4 and nanutradu-1 net weighing about 65 grams as against the appraiser value of Rs.52,000/- vide Account Nos.20060281 and 2006297 and now the outstanding balance of said loan account is Rs.38,722/-.
(62) A.63 obtained a loan of Rs.12,000/- on 30-08-2005 by pledging spurious nanutradu-1, chain-1 net weighing about 30 grams as against the appraiser value of Rs.18,000/- vide account No.20050424 and now the outstanding balance of said loan account is Rs.15,122/-.
11 (63) A.64 obtained a loan of Rs.11,500/- on 05-04-2005 by pledging spurious bangles-4 net weighing about 29 grams as against the appraiser value of
Rs.17,400/- vide account No.20050006 and now the outstanding balance of said loan account is Rs.14,566/-.
(64) A.65 obtained a loan of Rs.2,66,000/- on different dates by pledging spurious some gold ornaments net weighing about 609 grams as against the appraiser value of Rs.4,27,900/- vide account Nos.20050045, 20050330, 20050448, 2005049, 20050510, 20050517, 20050669, 20050804, 20050828, 20050848, 20060060, 20060225, 20060231, 20060362, 20060379, 2006470, 20060697, 20060703 and now the outstanding balance of said loan account is Rs.3,24,955/-.
(65) A.66 obtained a loan of Rs.14,000/- on 21-06-2006 by pledging spurious bangles-2, Nanutradu-1 net weighing about 30 grams as against the appraiser value of Rs.24,000/- vide account No.20060624 and now the outstanding balance of said loan account is Rs.16,544/-.
(66) A.67 obtained a loan of Rs.10,000/- on 14-03-2006 by pledging spurious nanutradu-1, nallapusalagolusu-1 net weighing about 24 grams as against the appraiser value of Rs.16,800/- vide account No.20050910 and now the outstanding balance of said loan account is Rs.12,317/-.
(67) A.68 obtained a loan of Rs.52,000/- on different dates by pledging spurious gold ornaments weighing about 116 grams as against the appraiser value of Rs.82,600/- vide account No.20050310, 20050440, 20060599, 20060663 and now the outstanding balance of said loan account is Rs.62,705/-.
(68) A.69 obtained a loan of Rs.51,500/- on different dates by pledging spurious some gold ornaments net weighing about 110 grams as against the appraiser value of Rs.82,700/- vide account No.20060043, 20060541, 20050923 and now the outstanding balance of said loan account is Rs.62,246/-.
(69) A.70 obtained a loan of Rs.19,000/- on 29-08-2006 by pledging spurious nanutradu-1, palakasirigolusu-1 net weighing about 40 grams as against the appraiser value of Rs.32,000/- vide account No.20060518 and now the outstanding balance of said loan account is Rs.22,588/-.
(70) A.71 obtained a loan of Rs.15,000/- on 03-01-2005 by pledging spurious nallapusalagolusu-1 and bangle-1 net weighing about 46 grams as against the appraiser value of Rs.24,000/- vide account No.20040439 and now the outstanding balance of said loan account is Rs.18,987/-.
(71) A.72 obtained a loan of Rs.15,000/- on 03-01-2005 by pledging spurious bangle-1, nallapusala golusu-1 net weighing about 46 grams as against the appraiser value of Rs.24,000/- vide account No.20040439 and now the outstanding balance of said loan account is Rs.18,987/-.
12 (72) A.73 obtained a loan of Rs.16,000/- on 28-10-2005 by pledging spurious nanutradu-1, chain-1, net weighing about 41 grams as against the appraiser value of Rs.24,600/- vide account No.20050602 and now the outstanding balance of said loan account is Rs.19,945/-.
During the course of investigation, L.W.10/Inspector of Police, Repalle P.S., examined L.Ws.1 to 5/K.Suryanarayana Murthy, B.Raghunadhababu, Neeraja,
P.Venkata Jayaram Rao, K.Venkateswara Rao and recorded their detailed statements. In continuation of his further investigation, L.W.12/Inspector of
Police, Repalle seized all the spurious gold ornaments in presence of L.Ws.7 and 8/M.Jekraiah, Y.Karna Srinivasa Rao, under cover of mediatornama and forwarded the same to the Director, FSL A.P., Hyderabad and the opinion is pending vide FSL File No.PHY 99/2010, dt.10-06-2010. L.W.10 arrested A.1 on 10-04-2009 in presence of L.Ws.5 and 6 and produced him before this Hon'ble
Court. L.W.10 also arrested all the accused except A.8, A.17, A.20, A.57, A.63 and
A.78 and produced them before this Hon'ble Court. L.W.11 arrested A.8, A.17,
A.20, A.57, A.63 and A.78 and produced them before this Hon'ble Court. A.4, A.22,
A.30, A.40, A.42, A.60, A.70 and A.71 surrendered before this Hon'ble court and enlarged on bail. L.W.12 completed the investigation and filed charge sheet against the accused for the said offences. A.69 is absconding from the date of offence and his whereabouts are not known. A.31, A.62, A.68 are died and their death certificates are enclosed herewith.
3.The case was taken into cognizance for the offences under
Secs.406, 409 and 420 of IPC against the accused.
4.After appearance of accused case copies were supplied to them as required under Sec.207 Cr.P.C., and thereafter accused were examined under Sec.239
Cr.P.C. Charges framed for the offences under Secs.406 and 420 of IPC against all the Accused and Sec.409 of IPC against the Accused No.1 and the same was read over and explained to accused in Telugu, for which they pleaded not guilty and claimed to be tried.
5.During the course of trial the Prosecution examined P.Ws.1 to 10 and got marked Exs.P.1 to P.11 and M.O.1.
6.After closure of entire Prosecution evidence the Accused were examined under Sec.313 Cr.P.C., and I explained the incriminating evidence appearing against them in Telugu, for which the accused denied the evidence of prosecution witnesses and stated that they have no defence witnesses to be examined on their behalf. However, Ex.D.1 is marked through the cross-examination of P.W.3.
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7.I have carefully gone through the case records and perused the entire evidence on records both oral and documentary. I have heard the arguments advanced and the written arguments made by the learned APP on behalf of the
State and the learned advocates for the defence.
8.The learned A.P.P argued that the evidence of P.Ws.1 to 4, 6, 8 to 10 coupled with documents Exs.P.1 to P.11 and M.O.1 have supported the prosecution case and the testimony of the prosecution witnesses is corroborative to each other.
The learned Addl. P. P. has further submitted that the defence fails to shake the trustworthiness of the evidence of the prosecution witnesses during their cross- examination and the testimony of the prosecution witnesses can be relied on in support of the prosecution case. The learned A.P.P has also submitted that the prosecution has successfully proved the case against the accused persons as alleged beyond all reasonable doubt and the accused persons are liable to be convicted as per law.
9(a).On the other hand the rival submissions of the learned advocates for the defence is that the prosecution case is based on some false and fabricated allegations and the prosecution case is full of contradictions, omissions and exaggerations. The learned advocate for the defence has argued that the story narrated in the Report/Ex.P.1 is quite different from the story narrated by the prosecution witnesses during their examination before the court. The learned advocates for the defence argued that the prosecution witnesses have stated the alleged fact in different ways at the time of their examination before the court to that of their statements made under section 161 Cr.P.C. during investigation of the case.
(b).The learned advocates for the defence has also submitted that except the interesting witnesses there is no independent witness in this case and they have falsely stated the alleged facts against the accused persons. The learned advocate for the defence has further contended that the evidence of the P.Ws.5 and 7 has not supported the prosecution case at all. The learned advocates for the defence has further contented that the testimony of the prosecution witnesses are not corroborative to each other, there are so may material contradictions in the evidence of the prosecution witnesses and the evidence of the prosecution wit- nesses are not trustworthy and reliable in support of the prosecution case. The learned advocate for the defence has further contented that the evidence of the
P.Ws.8 to 10/Investigating officers of the case has confirmed the material contradictions made out during cross-examination of the prosecution's case.
Further argued that the prosecution failed to prove the factum of entrustment and factum of misappropriation of the entrusted articles by the accused persons.
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The learned advocates for the defence has also submitted that the prosecution fails to prove the case against the accused persons as alleged beyond all reasonable doubt and hence the accused persons are entitled to get acquittal from the charges leveled against them.
10.Now the following point arise for determination in this case:- Whether the
prosecution proved guilt of the accused for the offences under Secs.406 and
420 of IPC and whether the prosecution proved guilt of the Accused No.1 for
the offence under Sec.409 of IPC beyond all reasonable doubt?
Point:-It is the case of prosecution that this is a case of cheating, inducing delivery of property followed by criminal breach of trust and breach of trust by
a public servant which occurred between 03012005 and 24112008 at Andhra
Bank, Bhattiprolu Branch, wherein Accused No.1 who is working as Gold Jewel
Appraiser in the Andhra Bank, Bhattiprolu Branch on commission basis
colluded with the Accused Nos.2 to 73 who are mostly account holders of
Andhra Bank obtained gold loans to a tune of Rs.27,50,500/ comprised with
interest worth of Rs.32,05,328/ on different dates from 03012005 by pledging
spurious gold jewels notifying them as 22 Carats gold ornaments and thereby
cheated the bank.
In order to prove the same, the prosecution has examined P.Ws.1 to 10 and got marked Exs.P.1 to P.11. P.W.1 is the defacto-complainant, P.W.2 is the then
Manager of Andhra Bank, Bhattiprolu Branch, P.W.3 is the then Assistant
Manager, Bhattiprolu Branch, P.W.4 is Gold Appraiser of Gullapalli Andhra Bank,
P.W.5 is a panch witness at the time of arrest of A.1 and arrest mediator nama,
P.Ws.6 and 7 are panch witnesses on seizure of case property, P.Ws.8 to 10 are
Investigating Officers.
11. In order to appreciate the contentions of Prosecution, it is useful to refer the definition and punishment of criminal breach of trust, cheating and related provision provided under Sections 405, 406, 409 and 420 of IPC which read as under:
Section 405 IPCCriminal Breach of Trust: “Whoever, being in any manner entrusted with property ,or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied which he has made touching the discharge of such trust or wilfully suffers any other person so to do, commits “criminal breach of trust”.
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Section 406 of IPCPunishment for criminal breach of trust: Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Sec.409 of IPC Criminal breach of trust by public servant, or by banker,
merchant or agent Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
In order to bring in application of said provision, entrustment has to be proved. In order to sustain conviction under Section 409, two ingredients are to be proved.
They are: (1) the accused, a public servant, or banker or agent was entrusted with property of which he is duty bond to account for; and (2) the accused has committed criminal breach of trust.
The basic requirement to bring home the accusations under Section 405 are the requirements to prove conjointly (1) entrustment and (2) whether the accused was actuated by the dishonest intention or not misappropriated it or converted it to his own use to the detriment of the persons who entrusted it.
Sec.420 of IPCCheating and dishonestly inducing delivery of property: Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
12.I have given my sincere consideration on the entire evidence on records both oral and documentary and other materials as well. Also heard suave submissions made by the learned counsels of both the parties. Now let us see how far the prosecution has been able to bring home the charges against the accused persons on the basis of materials available before us on record.
13.The defacto-complainant/P.W.1 stated in his evidence that previously he worked as Chief Manager from 2006 to 2009 at Andhra Bank Zonal Office, Guntur.
P.W.2 is the manager of Bhattiprolu Branch (Andhra Bank), P.W.3 is Assistant
Bank Manager, Andhra Bank, Bhattiprolu Branch. P.W.4 was the gold appraiser of
Gullapalli Andhra Bank. On 23-12-2008 one anonymous complaint was received 16 through registered post addressing Deputy General Manager, Zonal Office,
Guntur. The complaint with contents A.1/P.Narasimha Rao who is working as an appraiser Bhattiprolu Andhra Bank colluded with some persons and family members and the account holders obtained gold loans by pledging spurious gold jewelery notifying them as a 22 carrot gold ornaments, thereby cheating the bank. On 24-12-08 the Zonal of the office, Guntur addressed a letter to the Bank
Manager, Bhattiprolu Andhra Bank to re-appraize the gold that was pledged by another appraiser to verify the genuineness of pledged gold. After bank manager receiving the letter dt.24-12-08 the gold that was pledged was re-appraized by
Gullapalli Andhra Bank Appraiser i.e., P.W.4. During P.W.4 checking, he found 177 accounts pledged gold is spurious gold jewelry. The Bhattiprolu Bank Manager send a letter to the Zonal Office authorities after re-appraisal stating that 177 gold loan transactions 72 borrowers transactions are fraud and sanctioned the gold loans by pledging spurious ornaments. The report that was received by the Zonal authorities, Guntur. Basing on the report himself as a Chief Manager of the Zonal
Office, Guntur he lodged the report against A.1 and other 72 borrowers along with the list of borrowers and the particulars of the ornaments with description.
A.2/A.Srinivasa Rao had 9 accounts, total loan Rs.1,11,500/-, outstanding amount
Rs.1,30,352/-. A.4/A.Baig Rs.28,800/-, A.5/A.Ravi Kumar 3 accounts Rs.48,000/-,
A.6/A.Krishna Kumari one account Rs.22,000/-, A.7/K.Syamkumar having 1 account Rs.14,000/-, A.8 having 1 account Rs.9,000/-, A.9 having 1 account
Rs.22,000/-, A.10 having one account Rs.9,000/-, A.11 having four accounts
Rs.50,600/-, A.12 having one account Rs.14,000/-, A.13 having three accounts
Rs.58,800/-, A.14 having one account Rs.14,000/-, A.15 having 7 accounts
Rs.95,000/-, A.16 having five accounts Rs.74,000/-, A.17 having 4 accounts
Rs.66,000/-, A.18 four account Rs.67,000/-, A.19 having one account Rs.14,500/-,
A.20 having 7 accounts Rs.1,22,000/-, A.21 having one account Rs.14,500/-, A.22 having 2 account Rs.30,000/-, A.23 having 1 account Rs.14,500/-, A.24 having 1 account Rs.7,500/-, A.25 having 3 account Rs.54,200/-, A.26 having 1 account
Rs.12,000/-, A.27 having 1 account Rs.15,000/-, A.28 having 2 account Rs.35,200/-,
A.29 having 2 account Rs.33,600/-, A.30 having 2 accounts Rs.39,000/-, A.31 having 2accounts Rs.39,000/-, A.32 having 1 account Rs.18,000/-, A.33 having 1 account Rs.16,000/-, A.34 having 2 accounts Rs.36,000/-, A.35 having 3 accounts
Rs.39,500/-, A.36 having 2 accounts Rs.21,000/-, A.37 having 2 account Rs.25,000/-,
A.38 having 4 account Rs.78,300/-, A.39 having 3 accounts Rs.41,000/-, A.40 having 3 accounts Rs.41,000/-, A.41 having 2 accounts Rs.46,000/-, A.42 having 2 accounts Rs.38,000/-, A.43 having 1 account Rs.19,000/-, A.44 having 1 account
Rs.14,000/-, A.45 having 1 account Rs.26,400/-, A.46 having 2 accounts Rs.42,400/-,
A.47 having 4 accounts Rs.69,500/-, A.48 having 1 account Rs.50,000/-, A.49 17 having 2 accounts Rs.29,500/-, A.50 having 1 account Rs.10,000/-, A.51 having 5 accounts Rs.69,500/-, A.52 having 1 account Rs.14,000/-, A.53 having 4 accounts
Rs.57,000/-, A.54 having 5 accounts Rs.81,000/-, A.55 having 2 accounts
Rs.18,000/-, A.56 having 2 accounts Rs.24,000/-, A.57 having 2 accounts
Rs.27,000/-, A.58 having 3 accounts Rs.42,500/-, A.59 having 1 account Rs.13,000/-,
A.60 having 1 account Rs.16,000/-, A.61 having 4 account Rs.69,000/-, A.62 having 2 accounts Rs.32,000/-, A.67 having 1 account Rs.10,000/-, A.68 having 4 accounts
Rs.52,000/-, A.69 having 3 accounts Rs.51,500/-, A.70 having 1 account Rs.19,000/-,
A.71 having 1 account Rs.20,000/-, A.72 having 1 account Rs.15,000/-, A.73 having 1 account Rs.16,000/-. The total amount that was borrowed by A.2 to A.72 is
Rs.27,50,500/-. The signature on the report is that of him, Ex.P.1 is report of P.W.1.
He lodged the report against A.1 to A.72 as cheated the bank.
14.P.W.2/B.Raghunath Babu, stated in his evidence that he worked as Branch
Manager of Bhattiprolu Branch from May 2008 to 2010. While he was working as a Branch Manager of Andhra Bank for Bhattiprolu Branch, A.1/P.Narasimha Rao is working as an appraiser to their branch. A.1 is working as Appraiser in their bank from the year 1997. The work of the appraiser is to certify the Fineness, purity, weight and value of the pledged gold ornaments. On 29-12-2008 he received a letter from Zonal Office, Guntur with subject that the Zonal Office received unanimous complaint that the Appraiser of their branch colluding with borrowers and certifying the spurious gold ornaments as a gold ornaments. Zonal
Officer directed him to appoint another appraiser who is already working as an
Appraiser to their other of the branch for second opinion and to file the report.
P.W.4/A.Jaya Rama Rao who is appraiser of Gullapalli Branch as a appraiser for second opinion on 30-12-2008. The pledged ornaments in the 130 accounts is reappraised out of which 177 accounts were found pledged the spurious gold jewelry. The 177 accounts are related to 72 accounts. After completion of reappraising borrowers of the 177 accounts related to 72 accounts are
A.2/A.Srinivasa Rao had 9 accounts, total loan Rs.1,11,500/-, outstanding amount
Rs.1,30,352/-. A.4/A.Baig Rs.28,800/-, A.5/A.Ravi Kumar 3 accounts Rs.48,000/-,
A.6/A.Krishna Kumari one account Rs.22,000/-, A.7/K.Syamkumar having 1 account Rs.14,000/-, A.8 having 1 account Rs.9,000/-, A.9 having 1 account
Rs.22,000/-, A.10 having one account Rs.9,000/-, A.11 having four accounts
Rs.50,600/-, A.12 having one account Rs.14,000/-, A.13 having three accounts
Rs.58,800/-, A.14 having one account Rs.14,000/-, A.15 having 7 accounts
Rs.95,000/-, A.16 having five accounts Rs.74,000/-, A.17 having 4 accounts
Rs.66,000/-, A.18 four account Rs.67,000/-, A.19 having one account Rs.14,500/-,
A.20 having 7 accounts Rs.1,22,000/-, A.21 having one account Rs.14,500/-, A.22 having 2 account Rs.30,000/-, A.23 having 1 account Rs.14,500/-, A.24 having 1 18 account Rs.7,500/-, A.25 having 3 account Rs.54,200/-, A.26 having 1 account
Rs.12,000/-, A.27 having 1 account Rs.15,000/-, A.28 having 2 account Rs.35,200/-,
A.29 having 2 account Rs.33,600/-, A.30 having 2 accounts Rs.39,000/-, A.31 having 2accounts Rs.39,000/-, A.32 having 1 account Rs.18,000/-, A.33 having 1 account Rs.16,000/-, A.34 having 2 accounts Rs.36,000/-, A.35 having 3 accounts
Rs.39,500/-, A.36 having 2 accounts Rs.21,000/-, A.37 having 2 account Rs.25,000/-,
A.38 having 4 account Rs.78,300/-, A.39 having 3 accounts Rs.41,000/-, A.40 having 3 accounts Rs.41,000/-, A.41 having 2 accounts Rs.46,000/-, A.42 having 2 accounts Rs.38,000/-, A.43 having 1 account Rs.19,000/-, A.44 having 1 account
Rs.14,000/-, A.45 having 1 account Rs.26,400/-, A.46 having 2 accounts Rs.42,400/-,
A.47 having 4 accounts Rs.69,500/-, A.48 having 1 account Rs.50,000/-, A.49 having 2 accounts Rs.29,500/-, A.50 having 1 account Rs.10,000/-, A.51 having 5 accounts Rs.69,500/-, A.52 having 1 account Rs.14,000/-, A.53 having 4 accounts
Rs.57,000/-, A.54 having 5 accounts Rs.81,000/-, A.55 having 2 accounts
Rs.18,000/-, A.56 having 2 accounts Rs.24,000/-, A.57 having 2 accounts
Rs.27,000/-, A.58 having 3 accounts Rs.42,500/-, A.59 having 1 account Rs.13,000/-,
A.60 having 1 account Rs.16,000/-, A.61 having 4 account Rs.69,000/-, A.62 having 2 accounts Rs.32,000/-, A.67 having 1 account Rs.10,000/-, A.68 having 4 accounts
Rs.52,000/-, A.69 having 3 accounts Rs.51,500/-, A.70 having 1 account Rs.19,000/-,
A.71 having 1 account Rs.20,000/-, A.72 having 1 account Rs.15,000/-, A.73 having 1 account Rs.16,000/-. The total amount that was borrowed by A.2 to A.72 is
Rs.27,50,500/-.
15. P.W.3/P.Neeraja stated in her evidence that previously she worked as a
Asst. Bank Manager, Bhattiprlu Branch from 3-5-2008 to 27-7-12. A1 worked as
Appraiser of our bank since 1997. On 29-12-2008 their Bank manager received the letter from Zonal office, Guntur that A1 collude with bank customers and cheating the bank by certifying that spurious gold as genuine gold. On instruction of Zonal officer the Appraiser P.Jayaramarao who is working as a
Appraiser of Gullapalli branch is appointed to re-appraise the gold that was certify by A.1. On the date of re-appraising there are more than 1300 (thirteen hundred only) gold loan accounts. After re-appraising they came to knowledge that 177 accounts and 72 borrowers pledged the spurious gold and the same was certified and genuine gold by A1. The total amount that was gave as a loan to 72 borrowers was Rs. 27,50,500/- as on the date of re-appraising the 72 borrowers has to pay the loan amount of Rs. 32,05,328/-. During her period as a joint custodian they gave gold loan to 46 (forty six only) accounts.
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16. P.W.4/P.Venkata Jaya Rama Rao stated in his evidence that he is working as an appraiser for Gullapalli Andhra Bank branch from 25 years. On 04-03-2009
Bhattiprolu Andhra Bank Manager called him to his branch office, Bhattiprolu.
He informed him that some of the ornaments that was pledged in his bank is spurious gold and asked him to reappraise the pledged ornaments. After reappraising he found ornaments in 177 bags are spurious gold and he gave the certificate to the bank manager about the reappraising and found ornaments 177 bags as a Spurious gold bags. Police prepared the mediator nama, dt.13-05-2010 in his presence.
17.P.W.5 who is panch witness at the time of arrest of A.1 and arrest mediator nama did not support the case of prosecution. In his evidence of P.W.5 testified that police obtained his signature on the mediator nama, dt.10-04-2009, but he does not know the contents of the mediator nama. At this stage the learned
APP declared P.W.5 as a hostile witness and cross-examined him, but nothing is elicited in support of the case of prosecution.
18. P.W.6/M.Jakraiah who is panch witness on seizure of Ex.P.8 and case property testified in his evidence that on 13-05-2010 the Inspector of Police,
Repalle called him through phone and asked him to act as mediator and called him to come to Andhra Bank, Bhattiprolu. The Inspector of Police, enquired the then Bank Manager of Bhattiprolu about the details of pledged spurious gold and also asked to furnish the application of customers who pledged the spurious gold and the pledged spurious ornaments. The bank manager produced the 177 applications and 17 small bags with spurious ornaments.
19. P.W.7 who is another panch witness on seizure of Ex.P.8 and case property did not support the case of prosecution. In his evidence P.W.7 testified that he
does not know the facts of this case. Police obtained his signature in
Bhattiprolu Police Station, he signed on the written papers without going
through the contents. At this stage the learned APP declared P.W.5 as a hostile witness and cross-examined him, but nothing is elicited in support of the case of prosecution.
20. P.W.8/Ch.V.Subrahmanyam, the then S.I of Police, Bhattiprolu P.S., stated in his evidence that on 04-02-2009 at about 9 P.M., basing on the report of P.W.1 he registered a case in Cr.No.9/09 for the offences under Secs.420, 409, 406 of IPC. He forwarded the FIR to the Hon'ble Court and concern authorities. The copy of FIR was forwarded to the Inspector of Police, Repalle for investigation. Ex.P.5 is FIR.
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21.P.W.9/K.Nageswara Rao, the then Inspector of Police, Repalle P.S., deposed in his evidence that on 05-02-2009 he took up the investigation in Cr.No.9/09 registered under Secs.406, 409 and 420 of IPC of Bhattiprolu P.S. He examined the witnesses K.Suryanarayana Murthy, B.Raghunadhababu Manager of Andhra
Bank, P.Veeraiah, Assistant Manager, Pavan Kumar, Assistant Manager,
Bhattiprolu Branch. He examined and recorded their detailed statements in Part
II of his case dairy. On 04-03-2009 he secured Polakam Venkata Jayarama Rao
Gold Appraiser of Gullapalli, Andhra Bank and recorded his statement in detail under Sec.161 Cr.P.C. On 07-03-2009 he secured L.W.6/N.Sriramulu and recorded the statement under Sec.161 Cr.P.C. On 10-04-2009 he received an information about A.1 and secured the mediators along with his staff proceeded towards
Penumudi bridge and arrested A.1 in the presence of mediators at Penumudi
Bridge. A.1 confessed in the presence of mediators and the arrest mediator nama was prepared. Ex.P.6 is the mediator nama, dt.10-04-09. On the next day A.1 was produced before this Hon'ble Court for Judicial Custody. On 12-08-009 A.2, A.3, A.5 to A.7, A.9 to A.15, A.18, A.19, A.21, A.23, A.25 to A.29, A.32 to A.35, A.37 to A.41,
A.43 to A.47, A.49, A.50, A.52, A.34, A.61, A.65, A.66, A.72 and A.73 were surrendered before him in the police station. He verified the details and confirm their identity and arrested the accused after informing the arrest grounds and produced before this Hon'ble Court for judicial custody. On 18-08-09 he arrested
A.51, A.36 and produced before this Hon'ble Court for judicial custody. On 19-08-09 A.18, A.24, A.55, A.58, A.59, A.64 and A.67 voluntarily surrendered
before him in the police station and he verified the details of accused and confirm
about the identity and arrested them after informing the arrest grounds. On 25-08-2009 A.74, A.76 surrendered before him and after confirmed their identity and arrested them after informing the arrest grounds. On 26-08-2009 A.7 surrendered before him after confirmed his identity and arrested him after informing the arrest grounds.
22.P.W.10/K.Srinivasulu, the then Inspector of police, Repalle circle stated in his evidence that on 13-5-2010 he took up the further investigation in Crime
No.9/2009, he visited to the Bhattiprolu Andhra Bank branch along with mediators P.W.6 and P.W.7 and enquired the then Bank manager about the applications and in the presence of the then appraiser P.W.4 and the bank manager of the Branch. He seized the 177 applications and 177 pledged items, pledged by accused (72 members). He returned to the police station along with the seized property. He forwarded the FSL, Hyderabad through DSP, Bapatla along with letter of advise. On 10-6-2010 he received the acknowledgment that the forwarded property was handed over to the Forensic Science Laboratory,
Hyderabad. On 29-10-10 the 177 applications was handed over to this Hon'ble 21 court. LW11/K.Jagadeeswarareddy his predecessor arrested A.8, A.20, A.57, A.63,
A.78 and A.17 prior to his investigation. Ex.P.7 is the C.Number 53/SDPO/B TL 2010, letter, dated 10-6-2010 cited by Sub Divisional police officer, K.Udaya
Bhaskarareddy to the Director, Forensic science laboratory requesting for issue of opinions. Ex. P.8 is the 177 (one hundred and seventy seven) applications.
Ex.P.9 is the case property receipt, dated 10-6-10 with A.P.F.SL.File No.
PHY/99/2010 issued by the Government of Andhra Pradesh Forensic science
Laboratory. Ex. P.10 is the return of case property with correspondent No.TS FSL
File No. PHY/99/2010, dated 18-2-2017. Ex.P.11 is the Forensic science laboratory report/opinion with reference letter C.No.53/FSL/SDPO/BPL/2010, dated 28-5-2010.
and M.O.1 is the 1 to 72 items.
23. Now let us see whether the prosecution proved the charges against the
accused as regards the offences under Secs.406, 409 and 420 IPC beyond all
reasonable doubt. With regard to Secs.406 and 409 of IPC
In order to appreciate the contention of the case, it is useful to refer the definition Secs.405, 406 and 409 of IPC which read as under Sec.405 of IPC-
Criminal Breach of Trust: Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. Sec.406 of IPCPunishment for Criminal Breach of trustWhoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Sec.409 of IPCCriminal breach of trust by public servant, or by banker, merchant or agent Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
After going through the definition, the definition reveal that whoever
being in any manner entrusted with property, misappropriates or convents to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which he has made touching the 22 discharge of such trust or willful suffers any person so to do commits criminal breach of trust. Further, the person must be in any manner entrusted with property or with dominion over the property.
But in the present case, A.2 to A.73 are the bank account holders
who applied for the gold loans, they are not the public servants or by
bankers, or merchants or agents as mentioned in the definition of Sec.409
of IPC. Therefore, the question of entrustment of property or dominion
over the property to A.2 to A.73 does not arise. Though, A.1 is the
Appraise, A.74 to A.78 are the bank employees, still this is not the case
whether A.1, A.74 to A.78 in their official capacities breached the trust
with respect of the bank property which they were entrusted or
dominioned. Therefore, the ingredients of Secs.406 and 409 of IPC does
not attract to the accused. Accordingly, the point is answered against the
prosecution and in favour of Accused.
With regard to Sec.420 of IPC
In the decisions of the Hon'ble Apex Court rendered in Tulsiram Vs State,
reported in AIR 1963 SC 666, analyzed about Sec.420 of IPC that it has to be
established not only that he has cheated some one, but also that by doing so, he is dishonestly induced the person, cheated to deliver any property etc. Thus, the two
essential ingredients are 1. Deceit, that is to say, dishonest or fraudulent
misrepresentation, and 2. Inducing the person so deceived to part with property.
On perusal of the entire evidence on record, the prosecution to prove its case has examined P.Ws.1 to 10 and got marked Exs.P.1 to P.11. Further, the learned APP argued that the oral and the documentary evidence supported the prosecution's case and further prayed this Court to convict the accused for the offences charged. Further, the defence counsels argued that A.2 to A.73 pledged the gold ornaments and further argued that the Investigation Officer has not followed the procedure while seizing the Ex.P.8 and M.O.1. Further, contended that the mediator P.W.7 did not support the prosecution's case and therefore prayed this Court to acquit the accused.
Before going to the point the chart is prepared with Sl.No, Number of the
Accused, Number of accuses maintained by each accused, loan sanctioned amounts and description of the pledged ornaments.
23
C H A R T
Sl.DescriptionGold LoanSanctioned LoanPledged Ornaments No.of AccusedAccountAmount of Rs. Number(s) 12345 1A.220061059Rs.12,000/One metallic chain (Palakasari golusu),black bead chain, one 20061085,+metallic chain(Nanutadu), One metallic chain (Nnutadu), 20060997,Rs.89,000/Black bead chain, two rows metallic chain(Nanutradu), two 20070058,rows metallic chain (Nanutadu), black beeds chain, one 20070102.metallic chain(nanutadu), One metallic chain(Nanutadu) two 20070197,rows metallic chain(Chandra haram), One metallic 20070312,chain(Nanutadu) 20070507, 20080244 2A.320061039Rs.11,000/One metallic chain(Palakasari golusu) 3A.420080519Rs.28,800/Brace let (Mani kattu chain), one metallic chain (Palakasari golusu) 4A.520070054,Rs.48,800/One metallic chain(Palakasari golusu),One metallic 20050869,chain(Palakasari golusu)ONe metallic chain, One metallic 20060026chain(Palakasari golusu), one Metallic chain(Palakasari golusu),ONe metal bangle, One metal lbangle, One metal bangle, One metal bangle 5A.620080469 Rs.17,600/Two rows metallic chain (Nanutadu) 6A.720060985Rs.14,000/ Two rows metallic chain (Nanutadu) 7A.820073769Rs.9,000/ One metal bangle,one metal bangle 8A.920080357Rs.22,000/ One metallic chain (Nanutadu), Two rows metallic chain(chandraharam) 9A.1020070796Rs.9,000/ Two rows metallic chain( chandraharam) 10A.1120070689,Rs.50,600/ One metallic chain(Palakasari golusu), One metallic chain 20070835,(Two row chandra haram), one metallic chain(Nanutadu), 20080048One metallic chain(nanutadu),One metallic chain(Nanutadu) 20080281 11A.1220070307 Rs.13,000/ One metallic chain (Palakasari golusu) 12A.13200707784Rs.50,800/One metallic chain (palakasari golusu), One metallic chain 20070802,(two rows chandra haram)ONe metallic chain (two rows 20080074chandraharam),Onemetallicchain(Tworows chandraharam),One metallic chain (two rows nanutadu) 13A.1420070704Rs.14,000/One metallic chain (Two rows nanutadu) 14A.1520070364,Rs.95,000/One metallic chain (Nanutadu),one metallic chain 20070381,(nanutadu), One metallic chain (two rows nantadu), One 20070402,metallic chain (Palakasari glusu), One Metalic chain 20070473,(Palakasari golusu), One metallic chain (Two rows nanutadu, 20070492,One metallic chain (Palakasari golusu), one metallic chain 20070535(Two rows chandraharam, 20080030 15A.1620061129,Rs.74,000/One metallic chain (Two rows nanutadu), One metallic chain 20070064,(alakasari golusu), One metallic chain (Two rows nanutadu), 20070120one black beads chain, One metallic chain (nanutadu), one 20080182Black beeds chain, one metallic chain (nanutadu) 24 16A.1720070039,Rs.66,000/One black beds chain,one metallic bangle,one metallic 20060429,bangle,one metallic bangle,one metallic bangle,One metallic 20060439chain(nanutadu, One metallic chain(nanutadu), One metallic 20060532bangle. one metallic bangle, one metallic bangle,one metallic bangle,one metallic bangle,one metallic bangle, One Metallic chain (Nanutadu),One Metallic chain (Nanutadu) 17A.1820070836,Rs.67,000/One metallic chain (Two rows nanutadu),One metallic chain 20070842,(Two rows nanutadu),One metallic chain (Two rows 2008003chandraharam),One metallic chain (Two rows nanutadu) 20080266 18A.1920080031Rs.15,000/One metallic chain (Palakasari glusu) 19A.2020070429,Rs.1,22,000/One metallic chain (Two rows Nanutadu), One metallic 20070395,chain(Black bead chain), One metallic chain(Nanutadu), One 20070451,metallic chain(Black bead chain), One metallic chain(Two 20070684,rows nanutadu), One metallic chain(Two rows nanutadu), 20070697,One metallic chain(Palakasari golusu)One metallic 20070815chain(Palakasari golusu),One metallic chain(Palakasari 20080382golusu),One metallic chain (Two rows nanutadu) 20A.2120070765Rs.14,500/ One metallic chain (Palakasarigolusu) 21A.2220061100Rs.30,000/ One metallic chain (Palakasari golusu), One metallic chain 20070176 (Palakasari petalu), One metallic chain (Palakasari petalu),One metallic chain (Palakasari petalu) 22A.2320080312Rs.12,000/One metallic chain (Nanutadu) 23A.2420080070Rs.7,500/One metallic chain (Nanutadu) 24A.2520080297,Rs.54,200/One metallic chain (Two rows palakasari golusu),ONe 20080390metallic chain (Two rows nanutadu), One metallic chain (Two 20080436rows nanutadu) 25A.2620070456Rs.12,000/ One metallic chain(Nanutadu), One metallic chain (Palakasari golusu) 26A.2720070626 Rs.15,000/One metallic chain (Nanutadu), One metallic chain (Two rows chandrahakram) 27A.2820080400,Rs.35,200/ Black beads chain, one metallic chain (Nanutadu), One black 20080103beads chain, One metallic chain (Palakasari golusu) 28A.2920080409Rs.33,600/One black beads chain, One metallic chain (Nanutadu), One 20080117black beads chain, One metallic chain (Nanutadu) 29A.3020060959Rs.39,000/Two rows black beads chain, one Metallic chain(Nanutadu), 20061089One metallic chain(Palakasari golusu), One metallic chain (Palakasari golusu), 30A.3120080276Rs.39,000/One metallic chain (Two rows nanutadu), One metallic chain 20080321(Nanutadu), Black beads chain 31A.3220080518Rs.18,000/ One metallic chain (Nanutadu), Black beads chain 32A.3320080296Rs.16,000/One metallic chain (Nanutadu) , Black beads chain 33A.3420070406Rs.36,000/One metallic chain (Nanutadu), one metallic chain 20070504(Nannutadu), Black beads chain, One metallic chain (Two rows nanutadu) 34A.3520070387,Rs.39,500/ One metallic chain (palakasari golusu), One metallic chain 20080115(two rows nanuthadu), One metallic chain(Palakasari golusu) 20070181 35A.3620070613,Rs.21,000/One metallic chain (Nanuthadu), One metallic chain (two 20080578rows nanuthadu) 25 36A.3720070518Rs.25,000/One metallic chain (Palakasari golusu), One small metallic 20080061bangle, One small metallic bangle, One metallic chain (two rows chandraharam) 37A.3820080020,Rs.78,300/One metallic chain (nanutadu), One metallic chain (Alakasari 20080053,golusu, ( one metallic chain (nanutadu), Black beads chain, 20080269Two rows metallic chain(Palakasari golusu), Two rows 20080560metallic chain (nanutadu), 38A.3920060990,Rs.41,000/ One metallic chain, Black beeds chain, One metallic 20061093,chain(nanutadu), One metallic chain (Nanutadu) 20080538 39A.4020070791,Rs.41,000/One metallic chain(nanutadu), Lack beads chain, Bangle, 20070830,Bangle, One metallic chain(PAlakasari golusu), Bangle, 20080323Bangle, One metallic chain (Nanutadu) 40A.4120070788Rs.46,000/One metallic chain (nanutadu), Black beads chain, Tow rows 20070807metallic chain(Nanutadu), One metallic chain (Palakasari golusu) 41A.4220070670Rs.38,000/Two rows metallic chain(NAnutadu), Metallic chain, Bracelet 20080419(Wrist chain) 42A.4320080428Rs.19,000/One metallic chain (Palakasari golusu), one metallic chain (Palakasari golusu) 43A.4420070134Rs.14,000/ Two rows metallic chain( Nanutadu) 44A.4520080490Rs.26,400/One metalic chain (Palakasari golusu), black beads chain 45A.4620080077Rs.42,400/One metalic chain (Nanutadu), One metalic chain 20080106(Nanutadu), One metalic chain (Palakasari golusu), One metalic chain (Palakasari golusu) 46A.4720070844,Rs.69,500/One metalic chain (chandraharam), One metalic chain 20080034,(chandraharam), Bangles,Bangles,Bangles,Bangles, One 20080316,metalic chain (chandraharam), One metalic chain (Palakasari 20080116golusu), two rows metalic chain (Nanutadu) 47A.4820070089Rs.50,000/ Bangle, Bangle 48A.4920061034Rs.29,500/one metalic chain (Nanutadu),One metalic chain (Palakasari 20080101golusu),One metalic chain (Palakasari golusu) 49A.5020080450Rs.10,000/one metalic chain (Nanutadu) 50A.5120061107,Rs.69,500/ One metalic chain (Palakasari golusu),black beads chain, one 20070017,metalic chain (Nanutadu),one metalic chain (Nanutadu),one 20070270,metalic chain (Nanutadu),three rows metallic chain (chandra 20080157haram) 20080160 51A.5220060941Rs.14,000/Two rows metallic chain(Nanutadu) 52A.5320070744,Rs.57,000/One metalic chain (Palakasari golusu), Two rows metallic 20070748,chain (Chandraharam), Two rows metallic chain(Nanutradu), 20070823,Two rows metallic chain (Chandraharam), one metallic chain 20080026(nanutadu), 53A.5420061120,Rs.81,000/ Two rows metallic chain(Nanutradu), Two rows metallic 20070044,chain(Nanutradu), one metallic chain (nanutadu), One 20070093,metalic chain (Palakasari golusu),One metalic chain 20070184,(Palakasari golusu),black beads chain , one metalic chain 20070261(Nanutadu),one metalic chain (Nanutadu),one metalic chain (Nanutadu), 54A.5520070355Rs.18,000/One metallic chain (nanutadu), Black beads chain, 20070497 26 55A.5620070346Rs.24,000/ one metalic chain (Nanutadu), Black beads chain, one metalic 20070488chain (Nanutadu), 56A.5720060955Rs.27,000/One metalic chain (Palakasari golusu), two rows metallic 20060966chain (Nanutadu), 57A.5820070547,Rs.33,500/Two tows metallic chain(Nanutadu), One metallic 20080039chain(nanutadu),One metallic chain (palakasari golusu),One 20080106metallic chain(nanutadu) 58A.5920080082Rs.13,000/One metallic chain(nanutadu), one row metallic chain(chandrahaam) 59A.6020080015 Rs.16,000/Two rows metallic chain (chandraharam) 60A.6120080059,Rs.69,600/Onemetallicchain(Kobbiritadu),Onemetallic 20080081,chain(nanutadu).One metallic chain(nanutadu).One metallic 20080096,chain(nanutadu), Black beeds chain, One metallic chain 20080120(Palakasari golusu), 61A.6220060281Rs.32,000/ One metallic chain, One metalli chain (nanutadu), 2006297 Bangle,Bangle,Bangle,Bangle 62A.6320050424Rs.12,000/One metallic chain(NAnutadu), One metallic chain (Kobbiritadu) 63A.6420050006Rs.11,500/ Bangle, Bangle, Bangle, Bangle 64A.6520050045,Rs.2,66,000/Bangle, Bangle, Bangle, Bangle, Bangle, Black beads chain, 20050330,Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, one metallic 20050448, chain (nanutadu), one metallic chain, black beads chain, One 2005049, matallicchain(Palakasarigolusu),Onematallic 20050510, chain(Palakasari golusu), Bangle, Bangle, Bangle, Bangle, 20050517, Bangle, Bangle, Two rows metallic chain (nanutadu), Black 20050669, beeds chain, bangle, bengle, two rows metallic chain, Two 20050804, rowsmetallicchain(palakasarigolusu),blackbeeds 20050828, chain,Bangle,Bangle,Bangle,Bangle, one metallic chain 20050848, 20060060,(Kobbbiritadu), one metallic chain (Kobbbiritadu), One 20060225,metalic chain (nanutadu), one metallic chain (Kobbbiritadu), 20060231,Bracelet, blackbeeds chain, bangle, bangle, one metallic 20060362, chain(Nanutadu), Black beeds chain, two rows black beads 20060379, chain ,two rows black beads chain ,one metallic chain, 20064070, bracelet, bangle,bangle,bangle,bangle 20060697, 20060703 65A.6620060624Rs.14,000/ Bangle,Bangle, one metallic chain (Nanutadu) 66A.6720050910Rs.10,000/One metallic chain (Nanutadu), Black beads chain 67A.6820050310,Rs.52,000/ Black beads chain, Bangle,Bangle,Bangle,Bangle, one metallic 20050440,chain (Nanutadu), one metallic chain (Nanutadu),two rows 20060599,metallic chain (nanutadu), Black beads chain 20060663 68A.6920060043,Rs.51,500/Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, 20060541,Bangle, two rows metallic chain (palakasarigolusu), one 20050923metallic chain(Nanutadu), Black beads chain 69A.7020060518Rs.19,000/Metalic chain (Two rows palakasari golusu), one metallic chain(nanutadu) 70A.7120040439Rs.15,000/Three rows black beads chain, one metallic chain(nanutadu),one metallic chain(nanutadu) 71A.7220040439Rs.15,000/ Two rows black beads chain, bangle, bangle, bangle, bangle 72A.7320050602Rs.16,000/Two rows metallic chain (Nanutadu), one metallic chain.
27
Having going through the evidence on record, this Court observed that the
Accused Nos.2 to 73 maintained the accounts as shown in the chart and obtained the loan amounts as shown in the chart by pledging the ornaments as shown in the fifth column of the chart.
24.Now coming to the point whether A.1 is colluded with A.2 to A.73 and cheated the bank.
Now let us see what is the meaning of cheating, which dealt in Sec.415 of IPC cheating:Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
It is persistent note that there is no ambiguity with regarding that A.1 is the
Appraiser of the Andhra Bank, Bhattiprolu branch and A.2 to A.73 are the account holders of the said bank. Further, there is no ambiguity with regarding to pledging of ornaments by A.2 to A.73 as prescribed in the applications as well as chart on different dates. To prove that A.2 to A.73 pledged the spurious gold ornaments the prosecution got marked Ex.P.8 which was seized by the
Investigating Officer under cover of Mediator Nama/Ex.P.2. But the defence counsel argued that the Investigation Officer while seizing the Ex.P.8, the procedure laid down in the Cr.P.C is not followed. As seen from the evidence on record, the Investigating Officer/P.W.10 seized the Ex.P.8 during the investigation in the presence of mediators/P.Ws.4, 6 and 7 under cover of mediator nama, dt.13-05-2010/Ex.P.2. Though P.W.7 did not support the case of prosecution, but
P.Ws.4 and 6 supported the prosecution and mediator nama/Ex.P.2 marked through P.W.4. Further, P.Ws.1 to 3 who were worked under the capacity of Chief
Manager, Branch Manager, Deputy Branch Manager testified in their evidence that after P.W.1 lodging the report, during the investigation P.W.10 seized the 177 applications and ornaments described in the chart. Further, 177 applications that are marked as Ex.P.8 is the original applications which are part and parcel of the bank records. Further, as per the constructive rules of the bank, the bank records must handed over to the persons described in the rules as per the procedure by the Bank Officials. From these, it is crystal clear that the Investigating Officer has seized the 177 applications and receipts as mentioned in Ex.P.8 under cover of mediator Nama, dt.13-05-2010/Ex.P.2 as per procedure from possession of bank.
Now coming to the contents of applications i.e., Ex.P.8. From Ex.P.8 discloses that 28
A.2 to A.73 are the applicants and they pledged the gold ornaments as mentioned in the above chart. Further, the contents of Ex.P.8 described about the ornaments, weight of the ornaments, fitness of the carrots, value for the gram, total net weight, remarks, Certificate of the Appraiser, Endorsement of the Re-Appraiser,
Sanctioning of loan by the bank officials, Signature of the Joint Custodian
Officer/Cashier, Signature of the Applicant who obtained for the loan and the receipt of the loan amount. Further, on going to the entire applications, it appears that the ornaments in the prescribed in the applications apprised for two times, at first instance by A.1 and at second time it was re-appraised by P.W.4 and endorsed on the applications itself the ornaments described in the applications are spurious. Further, P.Ws.1 to 3 testified in their evidence that at the time of sanctioning loan A.1 was Appraiser of the bank and appraised the ornaments prescribed in the 177 applications at the time of sanctioning loans and P.W.4 was appointed as Appraiser on instructions of Zonal Officer and he re-appraised the ornaments prescribed in the 177 applications and further on going through the
Ex.P.8, it is found that P.W.4 endorsed on the applications by certificating that the ornaments described in the applications are spurious. Supporting P.Ws.1 to 3,
P.W.4 testified in his evidence that the Bhattiprolu Andhra Bank Manager called him to his branch office, Bhattiprolu. He informed him that some of the ornaments that was pledged in his bank is spurious gold and asked him to reappraise the pledged ornaments. After reappraising he found ornaments in 177 bags are spurious gold and he gave the certificate to the bank manager about the reappraising and found ornaments 177 bags as a Spurious gold bags. Further, the
Investigation Officer/P.W.10 who seized the ornaments after obtaining the permission from the Divisional Police Officer, the Investigating Officer was sent the seized articles/M.O.1 to A.P.Forensic Science Laboratory, Hyderabad requesting to give opinion and the same was received by the Investigation
Officer/P.W.10 and got it marked under Ex.P.11. Ex.P.11 is the Forensic Science
Laboratory Report and opinion. On perusal of the opinion/Ex.P.11 given by
Scientific Officer, it discloses that the ornaments mentioned in the chart are made up of Copper (Cu) & Zinc (Zn) and coated with Gold (Au). Further, if A.2 to A.73 really pledged the genuine gold ornaments, they ought to take legal action against the bank, but they did not take any legal action and kept silent leaving the valuable movable property within bank. Further, the Accused at least has to file the receipts showing that they have purchased the pledged ornaments. Further, the accused did not ambiguity with the applications/Ex.P.8 that they have applied for the granting of gold loans. From the above, discussion it is crystal clear that
A.2 to A.73 pledged the spurious gold and A.1 who is in the capacity of Appraiser gave a certificate that the pledged ornaments by A.2 to A.73 are genuine gold.
29
25.Further, Ex.P.8 and M.O.1, it is crystal clear that the A.1 who is the then
Appraiser of the Andhra Bank, Bhattiprolu Branch appraised the ornaments described in the applications and certified that he weighted, valued and listed the ornaments declaring the weight purity of the metal and value of the each ornament is gold. From these, it is clear that the A.1 to get benefit by cheating the bank colluded with A.2 to A.73 and issued the certificate though the ornaments are fake gold. This Court after going through Ex.P.8 and M.O.1, believed that A.1 to A.73 colluded and cheated the bank to get the benefit.
26.Now the coming to the point that the bank employees/A.74 to A.78 colluded with A.1 to A.73 and cheated the bank.
Before going to determine the point, this Court has gone through the
Manual of Instructions that has to be followed by the Bank Employees while granting the Gold Loans and some of those are: Valuation of Gold Ornaments
1. As a rule, no loan should be allowed before the ornaments offered for pledge are properly appraised by the Bank's approved Gold Loan Appraiser.
2. Ordinarily appraising should be done at the Bank's premises in the presence of the concerned officer and applicant. Whether, however, it becomes necessary to send the ornaments to the appraiser's residence or place of business for valuation, a risk letter in Form No.RF247 should be taken from the applicant in advance. Thereafter, the ornaments should be placed in a steel box in the presence of the applicant and the box should be properly locked and sent through a confirmed staff member. The duplicate key of the box should always remain with the appraiser and the applicant should accompany the box till it is brought back to the Bank's premises. The risk letter signed by the applicant should be retained at the branch.
3. The valuation of gold ornaments should be based on the weight and fineness of the gold content in them.
4. Each ornament should be weighed independently. From the gross weight of the ornaments, weight of extraneous material like wax, strings, fastenings, precious/semiprecious stones, if any, should be deducted on a liberal scale, before arriving at the net weight.
5. The genuineness of ornaments offered for pledge should be tested through “Acid Test” method. Apart from acid test, the appraiser may test the genuineness/fineness of the ornaments through any other test of his choice.
6.The value of the gold ornaments basically depends upon the fineness of the gold content in them. Though presence of alloy metal cannot be avoided altogether, the increased content of such ally metal reduces the fineness of the gold and thereby its value. Normally, Touch stone method is used to ascertain fineness of the gold. The knowledge and experience of the jewel appraiser play a major role in assessing the fineness of the gold. As stated already, ornaments with fineness of less than 19 carats should not be accepted as security.
7.As the bank does not allow advances against precious stones and semi precious stones, they should be completely ignored when ornaments containing the same are valued.
30
8.The applicant should furnish full description of the ornaments in the Application form at the place provided and sign at the space provided for his signature. The appraiser should enter the gross weight, weight of the stones if any, net weight, fineness in carats, value per gram, total value and remarks, if any, ornament wise in the “Appraiser's Certificate” part of the application form and sign at the space provided for his signature therein.
9.Ornaments offered as security, sometimes bear initials/name of a person which do/does not tally with the initials/name of the applicant. It is obvious in such case that third party other than the owner of the ornaments is pledging them for the purpose of borrowing. In all such cases, care should be exercised to see that the applicant is a respectable person and that he has not come into possession of the ornaments by improper means. In all such cases, a right relinquishment letter should be obtained from the person, whose initials/name appear(s) on the ornaments. If such person cannot sign the letter in the presence of the Bank officials, attestation of his signature on the letter should be insisted upon.
10.After completion of appraisal, the ornaments should never be handed back to the applicant. In case the appraised ornaments are to be handed back to the applicant, the same should not be accepted as security before reappraisal.
11.Sometimes, an approved appraiser may wish to entrust appraisal work to his deputy temporarily for reasons such as illness, outstation visit. In deserving cases, branches may comply with such a request of the appraiser provided, the same is made in writing and the person named as appraiser's deputy is well experienced in the line/trade. Whenever the ornaments are appraised by the deputy, branches should insist for authentication of valuation by the approved appraiser within a reasonable time.
Handing over of ornaments to Joint Custodians
1.Immediately after appraisal, the ornaments together with the relative applications for advance should be handed over to the joint custodians, for keeping the same under their joint custody. The joint custodians should physically verify the ornaments and satisfy themselves about their gross weight and other details noted on the application form. In token of having verified the ornaments and having kept them under joint custody, both the custodians should sign the application form.
2.Ornaments accepted under pledge should never be held under custody of a single staff member.
3. The ornaments pledged to the bank should be kept in Iron Safe under the control of the Joint custodians irrespective of whether Strong Room exists or not. The ornaments should not be kept in double locker cabinets even if Strong Room exists.
Having gone through the bank rules, it is clear that the Bank Officials while
granting loans against gold ornaments should not solely rely on the
appraiser's recommendations. They should satisfy themselves personally
about the integrity of the applicants, genuineness of the ornaments offered
as security and the purpose of advance.
31
Further, t he one of the essential ingredient of Sec.420 of IPC is
dishonest inducement. “Dishonestly” has been defied in Sec.24 of IPC to
mean deliberate intention to cause wrongful gain or wrongful loss; and when
with such intention, deception is practiced and delivery of property is
induced, then the offence under Sec.420 can be said to have been committed.
In this instant case, though the A.74 to A.78 who are the Bank Employees i.e., Joint Custodian Officers/Cashiers having about the knowledge of the above mandate Bank Rules, being the Joint Custodian Officers though they are entrusted with the duties as mentioned in the Bank Rules, but breaked the bank rules and granted the loans as they are colluded with A.1 to A.73 to get the wrongful benefit and to cause loss to the bank. As seen from the bank rules, it is not possible to grant loan without satisfaction of the bank officials. After going through the
Ex.P.8, Ex.P.11, M.O.1, certificate of the Re-Appraiser, it is clear that the bank officials who is working in the Official capacity of Joint custodians break the bank rules and granted the gold loans to the A.2 to A.73 by colluding with appraiser to get benefit by cheating the bank. After going through to the Bank Rules, it is clear that without the involvements of the Bank Custodians, it is not possible to the appraiser or A.2 to A.73 who are account holders only can cheat the bank. The
A.74 to A.78 who are the joint custodians, being the Bank Employees dishonestly granted the loan with intention to deceive the bank and to get the wrongful gain.
Further, from the entire evidence on record, it is evident that from the date of applications to till granting of loan, there is an act of intention to deceive the bank and thus A.1 to A.78 colluded and cheated the bank and the prosecution successfully succeeded in bringing the accused to guilt of home for the offence under Sec.420 of IPC. Therefore, the point is answered in favour of prosecution and against the accused.
27.On a scrupulous perusal of the entire evidence of prosecution disclosed that, the witness including the Investigating Officer supported the version of
P.W.1. Even though, the learned counsel for the accused cross-examined the prosecution witnesses at length, they failed to discredit their evidence on any material aspect except giving bold suggestions.
28.In view of the overall consideration of the available oral and
documentary evidence and above observation, this court hold that the
prosecution successfully established the guilt of accused for the offence
under Sec.420 of IPC beyond all reasonable doubt and failed to establish the
ingredients of Sec.406 of IPC against all the accused and Sec.409 of IPC
against A.1. Accordingly, the point is answered.
32
29.In the result the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are found not guilty for the offence under Sec.406 of IPC, A.1 found not guilty for the offence under Sec.409 of IPC, hence they are acquitted under Sec.248(1) Cr.P.C., for the said offences. However, the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are found guilty for the
offence under Sec.420 of IPC, hence they are convicted under Sec.248(2) of
Cr.P.C for the said offence.
Typed to my dictation by the Personal Assistant, corrected and pronounced by me in the open Court on this the 24th day of April, 2017.
Sd/- K.Jaya Lakshmi,
ADDL., JUNIOR CIVIL JUDGE
REPALLE
30.On questioning about the quantum of sentence to be imposed against the Accused under Sec.420 of IPC, they prayed for mercy and they are aged about 60 or 70 years and they are in need of daily medical treatment. Further, prayed that they are the sole bread winner to their family. The facts of the present case is, that the Accused with a malafide intention in order to get wrongful gain played this type of tricks and deceived the bank where the public finance interest and trust is involved with bank and getting benefits, and also this case involved with huge amount of Rs.32 lakhs and odd; hence this court is of the view that it is not a fit case to invoke the provisions of the Sec.360 of Cr.P.C or the provisions of Probation of Offenders Act. However, having considering the submissions and mercy plea of the Accused and considering the age of accused, this court is of the opinion that it is a fit case to take some lenient view.
31.In the result the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are sentenced to undergo Rigorous Imprisonment for a period of Three Years and also sentenced to pay a fine of Rs.1,000/- each, for the offence under Sec.420 of IPC. In default of payment of fine of Rs.1,000/-, the accused shall undergo Simple Imprisonment for a period of one month. The remand period if any undergone by the above said Accused shall be set off under
Sec.428 of Cr.P.C. The M.O.1 i.e., Item Nos.1 to 72 shall be auctioned in the open court and the sale proceeds shall be confiscated to the state after lapse of appeal time.
The Accused are informed about their right of appeal against the sentence imposed by this Court. The office is directed to supply copy of judgment immediately to the accused at free of cost.
Typed to my dictation by the Personal Assistant, corrected and pronounced by me in the open Court on this the 24th day of April, 2017.
Sd/- K.Jaya Lakshmi,
ADDL., JUNIOR CIVIL JUDGE
REPALLE
33
Appendix of Evidence
Witnesses Examined
For Prosecution : For Defence :: NIL. P.W.1: K.Suryanarayana Murthy P.W.2: B.Raghunath Babu P.W.3: P.Neeraja P.W.4: P.Venkata Jaya Rama Rao P.W.5: K.Venkateswara Rao P.W.6: M.Jakraiah P.W.7: Y.Karna Srinivasa Rao P.W.8: Ch.V.B.Subrahmanyam P.W.9: K.Nageswara Rao P.W.10: K.Srinivasulu
Documents Marked
For Prosecution : Ex.P.1 : Report of P.W.1 Ex.P.2 : Mediator Nama, dt.13-05-2010 Ex.P.3 : Signature of P.W.5 on mediator nama Ex.P.4 : Signature of P.W.6 on mediator nama Ex.P.5 : FIR Ex.P.6 : Mediator Nama, dt.10-04-2009 Ex.P.7 : is the C.Number 53/SDPO/B TL 2010, letter, dated 10-6-2010 cited by Sub Divisional police officer, K.Udaya Bhaskarareddy to the Director, Forensic science laboratory requesting for issue of opinions. Ex.P.8 : is the 177 (one hundred and seventy seven) applications Ex.P.9 : is the case property receipt, dated 10-6-10 with A.P.F.SL.File No. PHY/99/2010 issued by the Government of Andhra Pradesh Forensic science Laboratory. Ex.P.10 : is the return of case property with correspondent No.TS FSL File No. PHY/99/2010, dated 18-2-2017 Ex.P.11 : is the Forensic science laboratory report/opinion with reference letter C.No.53/FSL/SDPO/BPL/2010, dated 28-5-2010.
For Defence: Ex.D.1 : Some portion of Sec.161 Cr.P.C statement of P.W.3
Material Objects Marked : M.O.1 is the 1 to 72 items. i.e., (1)Onemetallicchain(Palakasari golusu),black bead chain, one metallic chain(Nanutadu), One metallic chain (Nnutadu), Black bead chain, two rows metallic chain(Nanutradu), two rows metallic chain (Nanutadu), black beeds chain, one metallic chain(nanutadu), One metallic chain(Nanutadu) two rows metallic chain(Chandra haram), One metallic chain(Nanutadu), (2) One metallic chain(Palakasari golusu), (3) Brace let (Mani kattu chain), one metallic chain (Palakasari golusu), (4) One metallic chain(Palakasari golusu),One metallic chain(Palakasari golusu)ONe metallic chain, One metallic chain(Palakasari golusu), one Metallic chain(Palakasari golusu),ONe metal bangle, One metal lbangle, One metal bangle, One metal bangle. (5) Two rows metallic chain (Nanutadu), (6) Two rows metallic chain (Nanutadu), (7) One metal bangle,one metal lbangle, (8) One metallic chain (Nanutadu), Two rows metallic chain(chandraharam), (9) Two rows metallic chain( chandraharam), (10) One metallic chain(Palakasari golusu), One metallic chain (Two row chandra haram), one metallic chain(Nanutadu), One metallic chain(nanutadu),One metallic chain(Nanutadu), (11) One metallic chain (Palakasari golusu), (12) One metallic chain (palakasari golusu), One metallic chain (two rows chandra haram)ONe metallic chain (two rows chandraharam), One metallic chain(Two rows chandraharam),One metallic chain (two rows nanutadu), (13) One metallic chain (Two rows nanutadu), (14) One metallic chain (Nanutadu),one metallic chain (nanutadu), One metallic chain (two rows 34 nantadu), One metallic chain (Palakasari glusu), One Metalic chain (Palakasari golusu), One metallic chain (Two rows nanutadu, One metallic chain (Palakasari golusu), one metallic chain (Two rows chandraharam, (15) One metallic chain (Two rows nanutadu), One metallic chain (alakasari golusu), One metallic chain (Two rows nanutadu), one black beads chain, One metallic chain (nanutadu), one Black beeds chain, one metallic chain (nanutadu), (16) One black beds chain,one metallic bangle,one metallic bangle,one metallic bangle,one metallic bangle,One metallic chain(nanutadu, One metallic chain(nanutadu), One metallic bangle. one metallic bangle, one metallic bangle,one metallic bangle,one metallic bangle,one metallic bangle, One Metallic chain (Nanutadu),One Metallic chain (Nanutadu), (17) One metallic chain (Two rows nanutadu),One metallic chain (Two rows nanutadu),One metallic chain (Two rows chandraharam),One metallic chain (Two rows nanutadu), (18) One metallic chain (Palakasari glusu), (19) One metallic chain (Two rows Nanutadu), One metallic chain(Black bead chain), One metallic chain(Nanutadu), One metallic chain(Black bead chain), One metallic chain(Two rows nanutadu), One metallic chain(Two rows nanutadu), One metallic chain(Palakasari golusu)One metallic chain(Palakasari golusu),One metallic chain(Palakasari golusu),One metallic chain (Two rows nanutadu), (20) One metallic chain (Palakasarigolusu), (21) One metallic chain (Palakasari golusu), One metallic chain (Palakasari petalu), One metallic chain (Palakasari petalu),One metallic chain (Palakasari petalu), (22) One metallic chain (Nanutadu), (23) One metallic chain (Nanutadu), (24) One metallic chain (Two rows palakasari golusu),ONe metallic chain (Two rows nanutadu), One metallic chain (Two rows nanutadu), (25) One metallic chain(Nanutadu), One metallic chain (Palakasari golusu), (26) One metallic chain (Nanutadu), One metallic chain (Two rows chandrahakram), (27) Black beads chain, one metallic chain (Nanutadu), One black beads chain, One metallic chain (Palakasari golusu), (28) One black beads chain, One metallic chain (Nanutadu), One black beads chain, One metallic chain (Nanutadu), (29) Two rows black beads chain, one Metallic chain(Nanutadu), One metallic chain(Palakasari golusu), One metallic chain (Palakasari golusu), (30) One metallic chain (Two rows nanutadu), One metallic chain (Nanutadu), Black beads chain, (31) One metallic chain (Nanutadu), Black beads chain, (32) One metallic chain (Nanutadu) , Black beads chain, (33) One metallic chain (Nanutadu), one metallic chain (Nannutadu), Black beads chain, One metallic chain (Two rows nanutadu), (34) One metallic chain (palakasari golusu), One metallic chain (two rows nanuthadu), One metallic chain(Palakasari golusu), (35) One metallic chain (Nanuthadu), One metallic chain (two rows nanuthadu), (36) One metallic chain (Palakasari golusu), One small metallic bangle, One small metallic bangle, One metallic chain (two rows chandraharam), (37) One metallic chain (nanutadu), One metallic chain (Alakasari golusu, ( one metallic chain (nanutadu), Black beads chain, Two rows metallic chain(Palakasari golusu), Two rows metallic chain (nanutadu), (38) One metallic chain, Black beeds chain, One metallic chain(nanutadu), One metallic chain (Nanutadu), (39) One metallic chain(nanutadu), Lack beads chain, Bangle, Bangle, One metallic chain(PAlakasari golusu), Bangle, Bangle, One metallic chain (Nanutadu), (40) One metallic chain (nanutadu), Black beads chain, Tow rows metallic chain(Nanutadu), One metallic chain (Palakasari golusu), (41) Two rows metallic chain(NAnutadu), Metallic chain, Bracelet (Wrist chain), (42) One metallic chain (Palakasari golusu), one metallic chain (Palakasari golusu), (43) Two rows metallic chain( Nanutadu), (44) One metalic chain (Palakasari golusu), black beads chain, (45) One metalic chain (Nanutadu), One metalic chain (Nanutadu), One metalic chain (Palakasari golusu), One metalic chain (Palakasari golusu), (46) One metalic chain (chandraharam), One metalic chain (chandraharam), Bangles,Bangles,Bangles,Bangles, One metalic chain (chandraharam), One metalic chain (Palakasari golusu), two rows metalic chain (Nanutadu), (47) Bangle, Bangle, (48) one metalic chain (Nanutadu),One metalic chain (Palakasari golusu),One metalic chain (Palakasari golusu), (49) one metalic chain (Nanutadu), (50) One metalic chain (Palakasari golusu),black beads chain, one metalic chain 35 (Nanutadu),one metalic chain (Nanutadu),one metalic chain (Nanutadu),three rows metallic chain (chandra haram), (51) Two rows metallic chain(Nanutadu), (52) One metalic chain (Palakasari golusu), Two rows metallic chain (Chandraharam), Two rows metallic chain(Nanutradu), Two rows metallic chain (Chandraharam), one metallic chain (nanutadu), (53) Two rows metallic chain(Nanutradu), Two rows metallic chain(Nanutradu), one metallic chain (nanutadu), One metalic chain (Palakasari golusu),One metalic chain (Palakasari golusu),black beads chain , one metalic chain (Nanutadu),one metalic chain (Nanutadu),one metalic chain (Nanutadu), (54) One metallic chain (nanutadu), Black beads chain, (55) one metalic chain (Nanutadu), Black beads chain, one metalic chain (Nanutadu), (56) One metalic chain (Palakasari golusu), two rows metallic chain (Nanutadu), (57) Two tows metallic chain(Nanutadu), One metallic chain(nanutadu),One metallic chain (palakasari golusu),One metallic chain(nanutadu), (58) One metallic chain(nanutadu), one row metallic chain(chandrahaam), (59) Two rows metallic chain (chandraharam), (60) One metallic chain (Kobbiritadu),One metallic chain(nanutadu).One metallic chain(nanutadu).One metallic chain(nanutadu), Black beeds chain, One metallic chain (Palakasari golusu), (61) One metallic chain, One metalli chain (nanutadu), Bangle,Bangle,Bangle,Bangle, (62) One metallic chain(NAnutadu), One metallic chain (Kobbiritadu), (63) Bangle, Bangle, Bangle, Bangle, (64) Bangle, Bangle, Bangle, Bangle, Bangle, Black beads chain, Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, one metallic chain (nanutadu), one metallic chain, black beads chain, One matallic chain(Palakasari golusu),One matallic chain(Palakasari golusu), Bangle,Bangle,Bangle,Bangle,Bangle,Bangle, Two rows metallic chain (nanutadu), Black beeds chain, bangle, bengle, two rows metallic chain, Two rows metallic chain(palakasarigolusu),black beeds chain,Bangle,Bangle,Bangle,Bangle, one metallic chain (Kobbbiritadu), one metallic chain (Kobbbiritadu), One metalic chain (nanutadu), one metallic chain (Kobbbiritadu), Bracelet, blackbeeds chain, bangle, bangle, one metallic chain(Nanutadu), Black beeds chain, two rows black beads chain ,two rows black beads chain ,one metallic chain, bracelet, bangle,bangle,bangle,bangle. (65) Bangle,Bangle, one metallic chain (Nanutadu), (66) One metallic chain (Nanutadu), Black beads chain, (67) Black beads chain, Bangle,Bangle,Bangle,Bangle, one metallic chain (Nanutadu), one metallic chain (Nanutadu),two rows metallic chain (nanutadu), Black beads chain, (68) Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, Bangle, two rows metallic chain (palakasarigolusu), one metallic chain(Nanutadu), Black beads chain, (69) Metalic chain (Two rows palakasari golusu), one metallic chain(nanutadu), (70) Three rows black beads chain, one metallic chain(nanutadu),one metallic chain(nanutadu), (71) Two rows black beads chain, bangle, bangle, bangle, bangle, (72) Two rows metallic chain (Nanutadu), one metallic chain.
Sd/- K.Jaya Lakshmi,
ADDL., JUNIOR CIVIL JUDGE
REPALLE
// True Copy //
AJCJ, Repalle 36
CALENDAR AND JUDGMENT
IN THE COURT OF ADDL., JUNIOR CIVIL JUDGE :: REPALLE
C.C No.376/2010
Date of: OffenceFrom 03-01-2005 to 24-11-2008 Report or Complaint04-02-2009 Apprehension of AccusedA.1 on 10-04-09, A.2 to A.7, A.9 to A.15, A.18, A.19, A.21, A.23, A.25 to A.29, A.32 to A.35, A.37 to A.41, A.43, A.44, A.46, A.47, A.49, A.50, A.52, A.61, A.65, A.66, A.72, A.73 on 12-08-09, A.16, A.24, A.36, A.51, A.53, A.55, A.56, A.58, A.59, A.64, A.67 on 19-08-09, A.8, A.20, A.57 on 08-09-09, A.22, A.42, A.60 on 20-08-09, A.30 on 27-08-09, A.45 on 11-09-09, A.48 on 28-10-09, A.63 on 17-09-09, A.70, A.71 on 17-08-09, A.74, A.76 on 25-08-09, A.75 on 28-08-09, A.77 on 26-08-09, A.78 on 17-09-09. Release on BailA.1 on 06-06-09, A.2 to A.7, A.9 to A.15, A.18, A.19, A.21, A.23, A.25 to A.29, A.32 to A.35, A.37 to A.41, A.43, A.44, A.46, A.47, A.49, A.50, A.52, A.61, A.65, A.66, A.72, A.73 on 12-08-09, A.16, A.24, A.36, A.51, A.53, A.55, A.56, A.58, A.59, A.64, A.67 on 19-08-09, A.8, A.20, A.57 on 11-09-09, A.22, A.42, A.60 on 20-08-09, A.30 on 27-08-09, A.45 on 15-09-09, A.48 on 10-11-09, A.63 on 30-09-09, A.70, A.71 on 17-08-09, A.74, A.76 on 25-08-09, A.75 on 28-08-09, A.77 on 26-08-09, A.78 on 30-09-09. Commission of Trial09-01-2015 Close of Trial03-03-2017 Sentence of Order24-04-2017
BETWEEN: The State : Rep. by Inspector of Police, Repalle.. . . COMPLAINANT AND
1. Padavala Narasimha Rao, S/o.Laxminarayana, 38 Yrs., Padmasali, Bhattiprolu Village, (Gold Appraiser Andhra Bank, Bhattiprolu).
2. Ala Srinivasa Rao, S/o.Subbarao, Bhattiprolu.
3. Arepalli Vigneswara Rao, S/o.Krishna Murthy, Bhattiprolu.
4. Abdulla Baig, S/o.Ahammed Baig, Bhattiprolu.
5. Audina Ravi Kumar, S/o.Venkatarathnam, Bhattiprolu.
6. Arepalli Krishnakumari, W/o.Venkateswara Rao, Bhattiprolu.
7. Koutharapu Syam Kumar, S/o.Sambasivarao, Addepalli.
8. Bellamkonda Manikyarao, S/o.Subbaiah, Balijepalli.
9. Badugu Vimala, W/o.Venkatarao, Bhattiprolu.
10. Batta Venkatakrishna, S/o.Venkatarathnam, Bhattiprolu.
11. Bojja Jayarao, S/o.Yesurathnam, Addepalli Village.
12. Chettupalli Sureshbabu, S/o.Yacob, Bhattiprolu.
13. Dasari Parisudharao, S/o.Yesupadam, Bhattiprolu.
14. Guntur Bhavannarayana, S/o.Venkata Subbaiah, Bhattiprolu.
15. Giddaturi Venkata Danalaxmi, W/o.Satyanarayana, Bhattiprolu.
16. Goriparthy Dharmaraju, S/o.Venkateswarlu, Bhattiprolu.
17. Goriparthy Krishnamurthy, S/o.Subbaraidu, Bhattiprolu. (Died)
18. Gunturu Jayalalitha, W/o.Pothuraju, Bhattiprolu.
37
19. Gunturu Kalyani, W/o.Nagasubbarao, Bhattiprolu.
20. Gunturu Yesobu, S/o.Venkata Subbaiah, Bhattiprolu.
21. Jafrullah Khan, S/o.Rasool Khan, Bhattiprolu.
22. Kolli Rajasekhar, S/o.Maheswara Rao, Vellaturu.
23. Kanaparthy Eswaramma, W/o.Rosaiah, Bhattiprolu.
24. Kommerla Nagaraju, S/o.Nagaiah, Addepalli.
25. Koutharapu Nageswara Rao, S/o.Bavanarushi, Bhattiprolu.
26. Kodali Parisudharani, W/o.Ramprasad, Bhattiprolu.
27. Kanaparthy Ramaiah, S/o.Kotaiah, Bhattiprolu.
28. Kanaparthy Rosaiah, S/o.Kotaiah, Bhattiprolu. (Died)
29. Kanaparthy Sundhararao, S/o.China Kotaiah, Bhattiprolu.
30. Kolusu Venkata Subba Rao, S/o.Sambasiva Rao, Bhattiprolu.
31. Kanaparthy Vijaya Mohanarao, S/o.Govindu, Bhattiprolu. (Died)
32. Lingam Koteswara Rao, S/o.Mutyalu, Bhattiprolu.
33. Lingam Nageswara Rao, S/o.Koteswara Rao, Bhattiprolu.
34. Lingam Bujji, W/o.Srinivasarao, Bhattiprolu.
35. Lingam Laxmi, W/o.Peda Laxmaiah, Bhattiprolu.
36. Manepalli Hari Prasad, S/o.Laxmi Narasimharao, Bhattiprolu.
37. Manikala Srinivasa Rao, S/o.Subbarao, Bhattiprolu.
38. Mandru Vijaya Mery Vara Kumari, W/o.Yesobu, Bhattiprolu.
39. Mandu Venkata Suryanarayana, S/o.Prasadarao, Bhattiprolu.
40. Mandru Bharathi, W/o.Subbarao, Bhattiprolu.
41. Mandru Nirmaladevi, W/o.Subbarao, Bhattiprolu.
42. Mandru Rambabu, S/o.Subbarao, Bhattiprolu.
43. Mandru Sunitha, W/o.Sudhakararao, Bhattiprolu.
44. Md.Salim, S/o.Usman, Addepalli.
45. Movva Prasad, S/o.Bushaiah, Bhattiprolu.
46. Nela Drakshavali, W/o.Mariyadas, Bhattiprolu.
47. Neela Ruthamma, W/o.Sadu Sundhararao, Bhattiprolu.
48. P.D.Prabhakar, C/o.P.Narasimharao, Bhattiprolu.
49. Pullamsetty Srinivasa Rao, S/o.Ramaswamy, Bhattiprolu.
50. Pappala Sureshbabu, S/o.Sudarsanam, Bhattiprolu.
51. Pathan Nazeer, S/o.Johny, Bhattiprolu.
52. Siriboina Venkateswararao, S/o.Koteswara Rao, Bhattiprolu.
53. Sriramulu Venkateswarlu, S/o.Ramulu, Bhattiprolu.
54. Shabbirvali Khan, S/o.Rasulkhan, Bhattiprolu (Died)
55. Sk.Badarunnisa, W/o.Abdulkarim, Bhattiprolu.
56. Sk.Dilshadbegum, W/o.Mahaboob Yusuff, Bhattiprolu.
57. Sk.Kalesha, S/o.Khaja, Bhattiprolu.
58. Sk.Syrabhanu, W/o.Ibrahim, Bhattiprolu.
59. Vasimalla Parisudham, W/o.Prakasam, Bhattiprolu.
60. Vaka Yesoda, W/o.Subbarao, Bhattiprolu.
61. Yanam Jayalaxmi, W/o.Chittaiah, Bhattiprolu.
62. Bhattiprolu Bikshalu, S/o.Subba Rao, Bhattiprolu (Died)
63. Dogiparthy Venkata Subba Rao, S/o.Siva Suba Rao, Ilavaram Village.
64. Dogiparthy Balasubrahmanyam, S/o.Siva Sankara Dharma Nageswara Rao, Bhattiprolu.
65. Guntur Devadasu, S/o.Veeraiah, Bhattiprolu.
66. Kunche Venkateswararao, S/o.Nancharaiah, Bhattiprolu.
67. Kolusu Sivaji, S/o.Pitchaiah, Bhattiprolu.
68. Pathan Aktharunnisa, W/o.Johny, Bhattiprolu (Died)
69. Ravu Laxmanarao, S/o.Sriramachandrarao, Surepalli.
70. Yaragalla Raghuramaiah, S/o.Subbarao, Surepalli.
71. Borra Srinivasarao, S/o.Venkateswararao, Surepalli.
72. Murugudu Venkatakrishna, S/o.Sitharamaiah, Bhattiprolu.
73. Adina Yohan, S/o.Venkatarathnam, Bhattiprolu.
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74. Polumatla Vijay Kumar, S/o.Late Kotaiah, 53 Yrs., Madiga, D.No.5-19-33, Padisonpet, Tenali, Manager, Andhra Bank, Kothagudem.
75. T.Keshava Sastry, Bank Manager, Andhra Bank, Bhattiprolu, now at Piduguralla.
76. Neti Sri Ramulu, S/o.Parameswara Sharma, 51 Yrs., Brahmin, D.No.22-05-09, Sarojininaidu street, Kothapet, Tenali, Assistant Manager, Andhra Bank, Tenali.
77. D.Pavan Kumar, S/o.BAV Vijayan, Assistant Manager, Andhra Bank, Bhattiprolu.
78. M.K.Pattabhi, Cashier, Andhra Bank, Bhattiprolu now at Kuppam.. . . ACCUSED (The case against Accused Nos.17, 28, 31, 54, 62 and 68 is abated)
Crime Number9/09 of Bhattiprolu P.S OffenceSecs.420, 406 and 409 of IPC Plea of AccusedNot guilty Finding of the CourtFound not guilty for the offences under Secs.406 and 409 of IPC, however found guilty for the offence under Sec.420 of IPC.
Judgment:- In the result the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are found not guilty for the offence under Sec.406 of IPC,
A.1 found not guilty for the offence under Sec.409 of IPC, hence they are acquitted under Sec.248(1) Cr.P.C., for the said offences. However, the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are found guilty for the
offence under Sec.420 of IPC, hence they are convicted under Sec.248(2) of
Cr.P.C for the said offence.
Sentence: In the result the accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 are sentenced to undergo Rigorous Imprisonment for a period of Three Years and also sentenced to pay a fine of Rs.1,000/- each, for the offence under Sec.420 of IPC. In default of payment of fine of Rs.1,000/-, the accused shall undergo Simple Imprisonment for a period of one month. The remand period if any undergone by the above said Accused shall be set off under
Sec.428 of Cr.P.C. The M.O.1 i.e., Item Nos.1 to 72 shall be auctioned in the open court and the sale proceeds shall be confiscated to the state after lapse of appeal time.
The Accused are informed about their right of appeal against the sentence imposed by this Court. The office is directed to supply copy of judgment immediately to the accused at free of cost.
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Explanation of delay and remarks:- On 20-12-10 the case is taken on file under Secs.420, 406 and 409 of IPC. On 28-08-14 appearance of accused copies of documents are furnished, the accused were examined under Sec.239 Cr.P.C, charges framed for the offences under
Secs.406, 409 and 420 of IPC, for which they pleaded not guilty and claimed to be tried. On 09-01-15 P.W.1 examined, Ex.P.1 marked. On 11-08-15 P.W.2 examined.
On 05-01-16 P.W.3 examined. On 10-03-16 P.W.4 examined, Ex.P.2 marked. On 12-04-16 P.W.5 examined, Ex.P.3 marked. On 16-06-16 P.W.6 examined, Ex.P.4 marked. On 12-07-16 P.W.7 examined. On 06-09-16 P.W.8 examined, Ex.P.5 marked. On 20-10-16 P.W.9 examined, Ex.P.6 marked. On 03-03-17 P.W.10 examined, Exs.P.7 to P.11 and M.O.1 marked, on the same day prosecution evidence closed. On 08-03-2017 the accused were examined under Sec.313 Cr.P.C., explaining the incriminating evidence, for which they denied as false and reported no defence. On 14-03-17, 21-03-17 and on 12-04-2017 heard on both sides and on 24-04-2017 Judgment pronounced. Hence the delay.
Sd/- K.Jaya Lakshmi,
ADDL., JUNIOR CIVIL JUDGE
REPALLE
Copy submitted to the Hon’ble Chief Judicial Magistrate-cum-Prl., Asst., Sessions
Judge, Guntur
Copy to the Superintendent of Police (Rural), Guntur.
Note: Accused Nos.1 to 16, 18 to 27, 29, 30, 32 to 53, 55 to 61, 63 to 67 and 69 to 78 paid the fine amount of Rs.1,000/ each. The sentence of Rigorous imprisonment imposed on accused is suspended till 22052017 from the date of sentence as per orders in Crl.M.P.Nos.1823/17, 1828/17, 1829/17, 1830/17, 1832/17, 1833/17, 1835/17, 1836/17 and 1838/17, dt.2442017 on execution of Personal bond for Rs.10,000/ with two sureties for a sum of Rs.5,000/ each, hence accused are released.
// True Copy //
AJCJ, Repalle