Special Judge for Central Bureau of Investigation cases by its judgment dated 19th January, 1998 passed in C.C. No.8 of 1995 acquitted accused No.5, M. Laila Kumari and accused No.7, A. Nageshwara Rao while holding other accused persons guilty of the charges levelled against them.
According to the prosecution accused No.3, T. Hanumantha Rao respondent No.6 herein was a companytractor doing civil companytracts.
Aggrieved by their acquittal the appellant has preferred this appeal with the leave of the Court.
He entered into a companyspiracy with E. Subhash and Sheik Bhasha, who later on were declared as approver and examined as PW.1 and PW.2, to cheat the Income Tax Department and in furtherance of their plan in companylusion with accused No.1, G. Venkateswarlu respondent No.5 herein who was working as Income Tax Officer, filed bogus Income Tax Returns in the names of fictitious persons and claimed Income Tax refunds.
Aggrieved by their companyviction A1, G. Venkateswarlu A2, M. Durga Prasad A3, T. Hanumantha Rao A4, M. Chakrapani A6, K. Pulla Reddy and A8 P. Siva Rama Prasad preferred separate appeals.
Case of the prosecution further is that accused No.6, K. Pulla Reddy and accused No.8, P. Siva Rama Prasad that is respondent No.3 and respondent No.2 herein respectively introduced accused No.3, T. Hanumantha Rao to open Savings Bank Accounts with Syndicate Bank, Union Bank of India, State Bank of India and Vysya Bank and thus facilitated accused No.3 to impersonate these fictitious persons to encash the refund orders.
Further case of the prosecution is that accused No.2, M. Durga Prasad and accused No.4, M. Chakrapani respondent No.1 and respondent 4 herein respectively dishonestly helped accused No.3 in getting credited the amounts in the names of the different fictitious persons and thus facilitated him to withdraw the funds on various dates from the Syndicate Bank.
Prosecution has further alleged that accused No.1, G. Venkateswarlu who was working as Income Tax Officer knowing fully well that the Income Tax Returns were filed in the names of the fictitious persons, dishonestly and fraudulently processed and sanctioned the refund to a tune of Rs.3,92,552/ .
All the appeals were heard together and by a companymon judgment dated 14th August, 2003 the Andhra Pradesh High Court acquitted them of all the charges.
