P S RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1992-10-47
HIGH COURT OF ANDHRA PRADESH
Decided on October 30,1992

P.S.RAO Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

Radhakrishna Rao, J. - (1.)Criminal Appeal Nos. 620,622 and 624 of 1989 are filed by A-i, A2 and A-4 respectively challenging the judgment dated 27th March, 1989 passed by the learned Principal Special Judge for S.P .E. & A.C.B Cases; Hyderabad, in C.C. No. 28/84, on his file, convicting them (A-i, A-2 and A-4) for offences under Section 120-B read with Section 420 I.P.C. and Section 420 I.P.C. and further convicting A-i for the offence under Section 471 read with Section 467 I.P.C. and Section 5 (1) (d) read with Section 5(2) of the Prevention of Corruption Act, 1947 and sentencing each of A-i and A-2 to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,0001- in default to suffer simple imprisonment for a period of three months for each of the offences under Section i20-Br/w. Section 420 I.P.C and Section 420 I.P.C., sentencing A-4 to suffer rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,0001 - in default to suffer simple imprisonment for a period of one month for each of the offences under Section 120-B nw. 420 I.P.C. and Section 420 I.P.C. and sentencing A-i to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 3,0001- in default to suffer simple imprisonment for a period of three months for the offence under Section 471 r/w. 467 I.P.C. and rigorous imprisonment for a period of one year and to pay a fine of Rs. 1,0001- in default to suffer simple imprisonment for a period of one month for the offence under Section 5(1) (d) nw. 5 (2) of the Prevention of Corruption Act, 1947 and directing the substantive sentences of rigorous imprisonment awarded for different sections to run concurrently. A-3 was given benefit of doubt and found not guilty of the charge under Section 120-B r/w. 420 and Section 420 I.P.C and he was acquitted of the said charge.
(2.)The Case of the prosecution is as follows:A-i worked as Manager of the Punjab National Bank, Nizamabad Branch from September, 1977 to March, 1981. A-2 was a partner in the firms M/s. Jagdish Industries, M/s. Jai Bajrang Traders and M/s. Satyanarayana Traders. A-3 was a partner in the firms, M/s. Jagdish Industries, Satyanarayana Traders and Radhakrishna Rice Mill. A-4 was an employee of A-2andhe was also a partner in the firm M/s. Jai Bajrang Traders. During the period July, 1980 to March, 1981, A-i entered into a criminal conspiracy with A-2 to A-4 for committing offences of cheating the Punjab National Bank, Nizamabad Branch and Criminal misconduct by corrupt or illegal means in pursuance of which they have committed several acts.
(3.)On the basis of the averments in the charge sheet, the learned Principal Special Judge for S.P.E & AC.B Cases, Hyderabad has framed fourteen charges against the accused, viz., a charge under Section 120-B I.P.C against A-i to A-4, a charge under Section 5(1) (d) nw. 5(2) of the Prevention of Corruption Act and Section 420 I.P.C against A-i, a charge under Section 420 I.P.C against A-2, A-3 and A-4, a charge under Section 471 r/w. 468 I.P.C against A-i, to A-4 a charge under Section 471 nw. 467 I.P.C. against A-i, A-2 and A-4 and a charge under section 477A I.P.C. against A-i. A-i to A-4 pleaded not guilty to the respective charges framed against them.
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