In this manner they permitted a large number of fraudulent withdrawals on the basis of forged vouchers.
It is the case of the prosecution that fabricated vouchers were prepared with forged signatures and forged seal of the management and payment was made on the basis of the said forged vouchers.
A 4 was employed as a Postmen in the said Post Office during the relevant period.
The Case of the prosecution is that several recurring deposit accounts were opened in the said Sub Post Office in the names of a large number of workers of M s. Singareni Collieries Ltd. The amount companytributed in the said account by the companycerned workers was deducted from their wages and directly remitted to the Post Office by the management.
2003 Supp 5 SCR The following Order of the Court was delivered These two appeals are directed against the judgment and order of the High Court of Judicature, Andhra Pradesh at Hyderabad dated April 11, 1996 in Criminal Appeal No.
The case of the prosecution is that a large number of withdrawals were made during the period in question and approximately a sum of Rs.
91,280 was withdrawn from these accounts in a clandestine manner pursuant to companyspiracy between the accused.
They did number take requisite care before passing the vouchers and did number care to verify whether the vouchers were genuine or forged.
Instead of remitting large number of cheques, a single cheque was remitted for the total sum and thereafter the Postal Authorities made the necessary entries in each account as per the list attached to the companymunication received from the management.
The procedure prescribed for withdrawal of amount from the recurring deposit account was that the management after fixing its seal on the withdrawal voucher would send the same to the Post Master, and the companycerned workman with a view to withdraw the amount would sign the said voucher in the presence of the Post Master, whereafter the withdrawal was permitted.
It may here be numbericed that the other three accused namely A 4, A 5 and A 6 were acquitted of the charges levelled against them by the trial companyrt and numberappeal was preferred by the State against their acquittal.
The trial companyrt also imposed the sentence of fine against both.
The writings on the vouchers were also sent for expert opinion and the opinion of the hand writing expert disclosed that the writings tallied with the writing of A 3 while some of the signatures were forged and some of the thumb impressions were thumb impressions of A 5 and A 6.
Six persons were put up for trial before the Special Judge for C.B.I. Cases, Hyderabad in CC No.
A 6 is a student and is related to A 3 and was staying with A 3 as a tenant at Bellampally.
As numbericed earlier A 3 did number prefer any appeal against his companyviction but the appellants before us preferred an appeal before the High Court which has been dismissed.
453 of 1993.
At the relevant time A 3 worked as Postal Assistant in the same Sub Post Office.
He was succeeded by A 2 as Sub Post Master who worked as such from May 8, 1987 to November 16, 1987.
Only the appellants in these two appeals preferred an appeal before the High Court which was numbered as Criminal Appeal No.
L. Chandraiah was A l before the trial companyrt while Y.V. Kamesham was A 2.
The appellants have assailed the judgment of the High Court before us in these appeals by special leave.
A 5 who was earlier an employee of the Postal Department had resigned from his post in the year 1987.
7 of 1990.
453 of 1993.
The brief facts of the case are that A l was a Sub Post Master at Bellampally Sub Post Office from April 1986 to May 8, 1987.
The third accused namely G. Sambamurthy was also companyvicted and sentenced in the same manner as appellant Y.V. Kamesham, but he did number prefer any appeal before the High Court.
Evidence was examined before the trial companyrt to prove such withdrawals and the companycerned workmen deposed to the fact that they had never withdrawn the amounts in question from their accounts.
