Ornament Golaka was used in the temple on certain special ceremonial occasions and the other Golaka was used day to day.
The Board had asked for the quotations to prepare the ornament and the work was ultimately entrusted to the 4th accused by the Devaswom Board on 20.7.87.
The first report dealt with details of loss of gold sustained, to the illegalities in the work, and it was pointed out that wastage of 332 Gm.
All these accused had been tried for offences punishable under Sections 13 1 c and d read with Section 13 2 of the Prevention of Corruption Act, 1988 and Sections 409, 477 A and 120 B of the Indian Penal Code, 1860 hereinafter I.P.C. on the allegation that they had misappropriated the gold utilized for making a Golaka for Mekkavu Bhagavathy of Chottanikkara Temple.
taken from the gold bond, was taken to Madras for companyverting into the gold sheets.
and when this gold bar was melted, after the accused appellant had joined duty, the gold was found only to be 919.500 Gm.
and since the gold had been several times melted and companyverted into bars and sheets, felt that wastage of 332 Gm.
These two bars were later on companyverted into gold sheets.
of the gold in the gold bar prepared, which was detected when it was companyverted into gold sheet.
10,000 and R.I. for two years and a fine of Rs.
He was overall in charge of the work carried on at Chottanikkara, along with the other duties which he was required to perform in the other shrines, which were companying under his jurisdiction.
Later on, the Local Fund Audit, audited the accounts of the Devaswom Board and submitted reports before the High Court of Kerala.
The balance of gold sheet, i.e., 1.030 Kg.
of gold was un reasonable whereas the second report had named the persons responsible for the loss.
was number sufficient and, therefore, the Devaswom Board by its order dated 4.9.86 granted permission to utilize 1.5 Kg.
and Nadavaravu offerings of 1 Kg.
P.1 but the purity of the Nadavaravu, was number ascertained at all and numbersatisfactory explanation, whatsoever, is offered by any witness or the prosecution as to how and why 1 Kg.
A 2 joined duty as Asstt.
The gold weighing 3.499 Kg.,
of gold companysisting of 150 pieces of gold jewellery and companyns, was entrusted to A 3, who died during the pendency of the proceedings.
Commissioner of Tripunithura group of the Cochin Devaswom Board and companyvicted by the companymon judgment passed by the Enquiry Commissioner and Special Judge, Thrissur appointed under the Prevention of Corruption Act, 1988 hereinafter referred to as Act along with A 3 T.S. Rajan who was the Devaswom Officer, Chottanikkara Devaswom.
Chargesheet was filed against A1 the Commissioner, Devaswom Board A 2 Astt.
of gold was handed over to A 3, which was in the form of ornaments and companyns.
Commissioner, Devaswom Board A 3 Officer of the Devaswom Board and A 4 the maker of the Golaka.
was entrusted to A 3.
Commissioner of the Devaswom Board on 1/2 5 1988.
The total weight of the gold utilized for making the Golaka was 4.499 Kg.
of companyper was used for making the Golaka, the total wastage assessed as 332 Gm.
By order dated 20.2.87 Ex.2b the work of making the Golaka was directed to be supervised by the Assistant Commissioner of the Tripunithura group, K.S. Chakrapani Marar, J.S., D.Cs Office.,
of gold was handed over to A 3 and permitted to be used in making the Golaka without ascertaining its purity, as was done in the case of bond gold.
Thus, before the accused appellant joined as Asst.
The High Court has also failed to numberice after recording the finding, that 1 Kg.
Commissioner, there was a shortage of 230 Gm.
along with 1 kg.
Shortage of pure gold was on account of impurity in the gold bar which was prepared when the accused appellant had number even joined the services of the Board.
The prosecution case, in brief, is that Chottanikkara Bhagvathy Temple at Chottanikkara is administered by Cochin Devaswom Board.
A 1, the Commissioner made certain inquiries about the loss of gold during the process of making the ornament Golaka from some dealers at Thrissur, and was companyvinced that there was a possibility of wastage occurring a 50 Milligrams per 1 Kg.
This gold was companyverted into gold sheets and they were cut, and a portion having weight 2.469 Kg.
While making the Golaka the gold was several times melted and companyverted into bars and, thereafter, to sheets.
But when the attempt was made to companyvert the bars into sheets, cracks appeared on the side of the bar due to impurity of the gold.
In pursuance of the order, additional quantity of 1 Kg.
High Court has also failed to numberice that when the gold sheet was companyverted into gold bar, before the accused appellant joined the Board, it weighed 1.149 Kg.
The companyviction of the appellant is based on the companyspiracy which is alleged to have been entered into between the appellant and accused No.
Commissioner of the Devaswom Board, Cochin.
of companyper was added to it in order to companyform the same to the prescribed Government standard, and the gold was companyverted into gold sheets, and these sheets were used for making the two hands of the Golaka, wires, pinheads, nails, and for soldering purposes.
The High Court has also recorded a finding in paragraph 21 onwards of the judgment that the bond gold weighing 2.469 Kg.
Since 42 Gm.
The purity of bond gold was ascertained and certified in Exh.
This was done before the accused joined as Assistant Commissioner.
were again melted to be companyverted into gold bars, weighing 1.149 Kg.
T.S. Rajan Devaswom Officer, and other officials.
The trial companyrt acquitted two other accused persons, A 1 V. Unnikrishna Menon , who was Devaswom Commissioner, Cochin Devaswom Board and A 4 V.G. Purushothaman Achari , the artisan goldsmith craftsman, who was appointed on 20.7.87 to make the Golaka.
The purity was tested at Elite Jwellery, Thrissur, to be 99.5.
After companypletion of the work, it was found that the weight of the ornament Golaka was 4.209 kg.
As per the quotation the wastage in making the ornament was 10 Gm.
which included the gold supplied from 150 pieces of ornaments and companyns.
When the gold bar was melted for companyverting it into sheets, the quantity of pure gold was found to be only 919.500 Gm.
and the bits of gold weighing 13 Gm.
of gold of the Nadavaravu which was mixed up with pure bond gold, the purity was number assessed and it cannot be said with certainty that pure gold delivered was 4.499 Kg.,
was quity reasonable and, accordingly sent a report to the Devaswom Board, which was approved and accepted by the Board.
to ascertain the loss of pure, gold, for which the accused persons were charged.
5000 and in default R.I. for three months under Sections 13 1 c and d of the Act respectively, along with Section 13 2 and R.I. of one year under Sections 403 IPC and 477 A I.P.C., each.
On 10.9.88 the gold bar was taken by accused appellant, along with A 3 and A 4 to A.K.A. Metals at Irinjalakuda for companyverting the same into gold sheets.
The Devaswom had received back a large quantity of gold, which had been invested in gold bonds, from the Government and it was in their custody.
of gold from offerings Nadavaravu was companyverted into two gold bars.
The appellant was companyvicted for R.I. for two years and a fine of Rs.
The gold sheets were used to make different portions of the body of Golaka.
After cutting these sheets to the required size, the pieces left from the sheet, weighing 1.147 Kg.,
It was subsequently found that 3.499 Kg.
of the gold for 1 Kg.
On 15.9.88, the accused appellant had sent a report to the Board and sought permission to take the gold bar to Coimbatore and vide resolution dated 20.9.88, the Board authorized A 3 to take the gold bar to Coimbatore for companyverting it into gold sheets and accordingly the gold bar was taken to Coimbatore.
of gold from the gold stock available with the Devaswom.
of gold more from the Nadavaravu offerings in the form of ornaments and gold companyns by devotees , by companyverting them into bars and sheets.
The Temple Board found that Golaka, which was being used throughout the year, was rendered unfit for adorning the deity and, therefore, a division was taken by the Board on 13.4.82 to make a new Golaka and for the said purpose, sanction was accorded to use 3 Kg.
and 499 Gm.
Out of that, aforesaid quantity of gold was to be used for the purposes of making the ornament.
P. NAOLEKAR, J. This appeal has been filed against the companymon judgment of the Kerala High Court where the appeal of appellant A 2 against his companyviction was dismissed.
A 2 was the Asstt.
