THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.56 OF 2003 ORDER: 1 On receipt of a report from Sri K. Brahmaiah, the Administrative Officer, as he then was, a case in Cr.No.18 of 1988 was registered against the petitioners for the offence punishable under sections 408 and 420 of IPC. After investigation, the Station House Officer, Dummagudem filed charge sheet against the petitioners and the Special Judicial Magistrate of I Class-cum- Mobile Court at Khammam took cognisance of the offence and the same was numbered as C.C.No.233 of 1999. During the course of trial P.Ws. 1 to 21 were examined and Exs.P.1 to P9 were marked on behalf of the prosecution. The Learned Magistrate, having scanned the entire evidence, both oral and documentary, though came to the conclusion that the first petitioner is not guilty of the offence punishable under section 408 of IPC, but, however, has come to the conclusion that the petitioners are guilty of the offence punishable under section 420 of IPC and accordingly sentenced them to suffer simple imprisonment for a period of two years each and also to pay a fine of Rs.2,000/- each, in default, to suffer simple imprisonment for a period of six months each. As against the said judgment dated 06.12.1999 the petitioners approached the appellate court and filed Criminal Appeal No.137 of 1999 on the file of the Principal Sessions Judge, Khammam and after transfer the same was numbered as Crl.Appeal No.5 of 2002 on the file of the Court of the II Additional Sessions Judge, Khammam. The learned Additional Sessions Judge, having reanalysed the entire evidence and also the judgment of the trial court, came to the conclusion that the petitioners are guilty of the offence punishable under section 420 of IPC, but, however, while maintaining the fine amount of Rs.2,000/- as was imposed by the trial court, taking a lenient view, modified the said sentence of two years in so far as the first petitioner is concerned to that of one month and confirmed the said sentence of two years imprisonment in so far as the second petitioner is concerned. The same is questioned in this revision. 2 Brief facts are that the Station House Officer, Dummugudem filed a charge sheet against the petitioners for the offences punishable under sections 408 and 420 of IPC alleging that the petitioners who are wife and husband worked in AWARE, that the first petitioner recommended the names of L.Ws.2 to 17 and got permission to purchase goats for them, obtained cheques, drew an amount of Rs.40,000/- and kept it in Andhra Bank in her name with a dishonest intention and to get wrongful gain, and distributed Rs.2,500/- to each through cheques on different dates. The amounts dawn by the said persons were again taken by the petitioners, which amounts to Rs.40,000/- stating that they will purchase goats for them and asked them to meet after 5 days before L.Ws.19 and 20. Further the first petitioner has also taken Rs.1,000/- and Rs.1,500/- for education camp and training camp, but did not spend for the said purpose and used the same for her own purpose. The first petitioner further did not submit accounts to the officials nor purchased the goats and distributed to L.Ws.2 to 17. Further, the petitioners absconded from duty without obtaining prior permission from L.W.18 by taking away the cash of Rs.40,000/- and three office tape recorders worth Rs.4,800/-. 3 Having heard the learned counsel for the petitioners an also perusing the judgments impugned in this revision, this court is of the view that the petitioners are guilty of the said offence punishable under section 420 of IPC. In fact, the said offence which has been proved is very serious and effected the measures taken by the AWARE organisation to improve the standards of tribal people living in tribal areas and they were deprived of the benefits provided by the said organisation. Hence, I see no merits in this revision . 4 The learned counsel for the petitioners submitted that the alleged offence took place prior to 1990 and the petitioners are very old. It is further contended that the petitioners are ready to pay back the said amount which has been misappropriated / cheated. 5 May be it is true, but, taking the overall circumstances into consideration i.e. gravity of the offence and denying the poor tribal people of their legitimate money, this court is of the view that the said sentences of one month and two years respectively imposed on the petitioners by the appellate court can be reduced to that of the period already undergone by the petitioners, however, on condition of the petitioners depositing an amount of Rs.80,000/- (Rupees Eighty Thousand only) (double the amount of cheating) before the Administrative Officer of the said organisation within a period of four weeks from the date of receipt of a copy of this order. On ascertaining the fact that the petitioners have deposited the said amount, the same shall be disbursed to the beneficiaries and the Administrative Officer concerned shall also furnish the names of the beneficiaries to whom the said amount has been disbursed before the learned Magistrate. If for any reason the said amount is not deposited by the petitioners within the time stipulated above, it is made clear that the petitioners shall be taken into custody and they shall be remanded to judicial custody to undergo the sentence as imposed by the appellate court. 6 With the above modification this revision is disposed of. -------------- 04.06.2010 kvsn