IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.637 OF 2004 Between: The Sate of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Appellant AND Chittipeddi Naga Sundara Mohana Rao & 18 others ..... Accused/Respondents The Court made the following: JUDGMENT: The Criminal Appeal, under Section 378 (3) & (1) of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”), is directed by the State against the judgment, dated 20.01.2003, in C.C.No.665 of 1999, on the file of the learned V Metropolitan Magistrate, Vijayawada, whereunder and whereby the respondents/Accused Nos.2 to 7, 9, 11, 12, 15, 16, 19, 20, 22 to 26 were found not guilty and acquitted of the offences punishable under Sections 120-B, 420, 409, 468 and 471 IPC. 2. The case against Accused Nos.1, 8, 10, 13, 14, 17, 18 and 21 was abated as died during pendency of the case in trial Court. Since it is reported that Accused No.7 died during pendency of this Criminal Appeal, the case against him is abated. 3. The brief facts that are necessary for the disposal of the present Criminal Appeal may be stated as follows: The Government of Andhra Pradesh issued a G.O.Ms.No.175 Finance and Planning (Fin.Wing.Pen-I) Dept., dated 23.07.1981, sanctioning certain financial benefits to the surviving widows of the teachers who worked in Aided schools, Municipal schools, Z.P.P. schools and died while in service, by granting Rs.100/- per month, provided their husbands i.e., all the teachers, put in atleast 25 years of service prior to 01.04.1961, 10 years of service in between 01.04.1961 and 31.12.1963 or one year service in between 01.01.1964 and 31.03.1973. As per the prescribed procedure, the widows of the teachers had to submit the applications duly affixing the specimen signatures of the applicants and affixing two copies of the photographs duly attested, two slips each bearing left hand thumb and finger impressions duly attested and the descriptive roll of the applicants duly attested indicating the physical features and personal marks, to be furnished in duplicate, life time arrears certificate from Sub-Treasury where the deceased withdrew his pension, certificate of a Gazetted Officer in support of the applicant being widow of the deceased pensioner, death certificate of the pensioner in original. The said applications were submitted to the District Educational Officer through the Sub-Treasury Officer and the Sub-Treasury Officer shall verify the particulars available in the records maintained in the Treasury and forward the application in duplicate, for sanction, to the District Educational Officer, who, upon careful verification of the records with reference to the school records, recommend sanction of pension to the applicants and forward the sanction orders to the District Treasury Officer, who shall arrange to issue the pension payment order in favour of the widows for payment at the Sub-Treasury Office, where they desired to draw the pension. The case of the prosecution is that P.Ws.6 to 9 and P.Ws.11 to 24 have drawn certain amounts and the remaining amounts have been misappropriated by the accused. The police registered a case and investigated into. Hence, the complaint. 4. When the charges under Sections 120-B, 420, 409, 468 and 471 IPC were framed, read over and explained to the accused, they denied the same and pleaded not guilty and claimed to be tried. 5. To substantiate the charges, the prosecution examined P.Ws.1 and 27 and got marked Exs.P1 to P23. 6. After closure of the prosecution evidence, the accused were examined under Section 313 of Cr.P.C. with reference to the incriminating material found against them in the evidence of prosecution witnesses. They denied the same. On behalf of the accused, D.W.1 was examined and Exs.D1 and D2 were marked. 7. The trial Court, after considering the evidence on record, came to the conclusion that there was no legal evidence to show that the accused committed the offences for which they were charged, and accordingly acquitted them. Challenging the same, the present Criminal Appeal is filed by the State. 8. Now the point for determination is whether the prosecution proved its case beyond all reasonable doubt for the charges levelled against the accused and whether the judgment of the trial Court is correct, legal and proper? 9. The learned Counsel representing the learned Public Prosecutor contended that at the instance of Accused Nos.13 and 14, the applications for grant of pension were given though they are not the family members of the deceased teachers; that all the accused entered into a criminal conspiracy to cause wrongful loss to the Government and misappropriated the amounts, and hence, she prays to set aside the order of acquittal. 10. On the other hand, the learned counsel appearing for the respondents herein contended that there is absolutely no evidence to show that the accused fabricated or forged the documents; that the original documents found in the respective Sub-Treasury Offices have not been seized for the purpose of comparison; that the expert evidence cannot be looked into, in view of the fact that he was not cross-examined by the accused; that there is absolutely no legal evidence to show that the accused committed the offences punishable for the charges with which they were tried in the trial Court; that after elaborate consideration of the evidence on record, the trial Court rightly found the accused not guilty and accordingly acquitted them; and therefore, absolutely there are no grounds to interfere with the same. 11. There cannot be any dispute that in dealing with the Criminal Appeals against the order of acquittal, the Appellate Court has got full power to reappreciate the evidence available on record, but it will be slow in interfering with the findings in view of the fact that there is a presumption under law that the accused is presumed to be innocent unless the contrary is proved by the prosecution beyond all reasonable doubt for the charges levelled against the accused and that presumption of innocence is further strengthened by an order of acquittal. Unless the findings are perverse, or are not based upon any evidence, or admissible evidence has not been taken into consideration, or inadmissible evidence was taken into consideration, ordinarily this Court would not interfere with the same. In short, there must be compelling or substantial reasons while interfering with the order of acquittal. 12. P.Ws.1 to 3 and P.W.5 are the official witnesses. They did not speak anything about the responsibilities and duties of the accused dealing with the respective jobs and that due to accused fault only, the offences alleged have been committed. It must be shown that the accused must have conspired together to do an illegal act or an act which is not illegal by illegal means, thereby causing loss to the Government or that they have received the amount from the so-called widows, though who are not entitled for any pension and that they have misappropriated the same. 13. The original documents said to have been forged were available in the concerned Sub-Treasury Office. Admittedly, P.W.27, who is the Investigating Officer, did not seize those documents which contained disputed signatures for the purpose of comparison with the specimen hand writings and signatures of the accused. Though the specimen hand writings and signatures of the accused have been taken during the course of investigation, but they have been sent to the expert for comparison with the disputed signatures on some pension payment orders. P.W.10-K. Srinivasulu, Finger Print Expert, was examined in part in chief. Therefore, he was not made available for further chief examination and also for the cross- examination. Therefore, the trial Court rightly eschewed the evidence of P.W.10. In the absence of any expert evidence, the prosecution failed to establish that the accused forged the signature of any one of the documents which were used for the purpose of drawing certain amounts by P.Ws.6 to 9 and P.Ws.11 to 24 and thereby causing loss to the Government. 14. There is absolutely no evidence to show that the amounts which were received by those witnesses i.e., P.Ws.6 to 9 and P.Ws.11 to 24 have been taken by any one of the accused. Even P.Ws.6 to 9 and P.Ws.11 to 24 did not speak that the accused collected the amounts received by them towards pension. Admittedly, P.Ws.6 to 9 and P.Ws.11 to 24 are not eligible for grant of any pension, still, at the instance of Accused Nos.13 and 14, they applied for sanction of pension and received certain amounts, thereby causing loss to the Government to a tune of Rs.24,160/-. It was not shown that the amount received was shared by all the accused. Similarly, none of the accused, with a fraudulent or dishonest intention and with a view to cause loss to the Government, created the documents or made use of them to deceive the Government. Similarly, there is absolutely no evidence to show that any one of the accused, fraudulently or dishonestly, used certain documents as genuine, knowing them that they are not genuine. The applications were said to have been filed by P.Ws.6 to 9 and P.Ws.11 to 24. 15. The prosecution case is that the accused are not the real applicants and they are not eligible for any payment of pension. The allegation is that the accused were taking the pensions in the fictitious names but there is no evidence on that aspect. Except the oral evidence of P.Ws.6 to 9 and P.Ws.11 to 24, there is absolutely no evidence to show that the accused misappropriated the pension to be paid to the beneficiaries or that they have received those amounts in the name of fictitious persons. 16. The official witnesses, P.Ws.1 to 3 and P.W.5, did not speak anything that the accused forged the signatures of the beneficiaries or that they used the forged documents knowing them to be false. Therefore, the trial Court, after elaborate consideration of evidence on record, rightly acquitted the accused and there are no substantial or compelling reasons to interfere with the said order of acquittal. Hence, the Criminal Appeal is devoid of merit and is liable to be dismissed. 17. Accordingly, the Criminal Appeal is dismissed, confirming the judgment, dated 20.01.2003, in C.C.No.665 of 1999, on the file of the learned V Metropolitan Magistrate, Vijayawada. ______________ (K.C.BHANU, J) Date: 30th October, 2009. KL