1 must be knowing accused No.
P.W. 14, the Handwriting Expert gave his opinion that Ex.
On October 8, 1964 accused No.
On behalf of the appellant it was companytended by Mr. Ram Reddy that in reversing the judgment of the Additional Sessions Judge the High Court has failed to take into account all the important circumstances pointing to the guilt of each of the respondents and as a result the findings of the High Court suffered from grave infirmities and there has been a failure of justice in this case.
But accused No.
1 pretended that he was having motions and was unable to sit up in the office and asked the clerk to carry on the business of the branch for him.
3 alone was companyvicted under Section 419, I.P.C. and was sentenced to undergo rigorous imprisonment for two years.
On October 13, 1964 accused No.
1 also left the office throwing the keys on the shroffs table On October 27, 1964 P.W. 11 found the documents relating to the payment of Rs.
2 and 3 of 1964.
In the Co operative Central Bank, Srikakulam, accused No.
4 was in the habit of practicing signatures of the Secretary of the Bank.
The evidence of these witnesses was also discarded by the trial companyrt on the ground that it was inconclusive.
1,686 168 ten rupee currency numberes and sis one rupee currency numberes .
3 was the purohit of Kotabommali and was, therefore, in a position to influence D. Ws.
The clerk in obedience to the advice of accused No.
297, 298, 299 and 300 of 1965 preferred by respondents 1 to 4 whereby the High Court allowed the said appeals, set aside the judgment of the Sessions Court and acquitted the respondents.
On behalf of respondent No.
2 and 4 were also companyvicted under Section 467, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for three years.
On a companysideration of the entire evidence the Additional Sessions Judge found that the following circumstances are established Accused No.
Accused No.
1 to 4 were examined on his behalf to show that he was number in the Branch Office either on the 13th or 14th, October.
The evidence of these two sic esses cannot be relied upon because it is admitted that the father in law of respondent No.
Besides, he produced a transistor radio with a licence and one gold necklace stating that he purchased the transistor radio from D. V. Ramanaiah for Rs.
2 Prasada Rao were working as clerks while accused No.
250 to Patnala Satyanarayana, dealer in watches at Srikakulam to get him a Fortis wrist watch.
He further stated that he Said Rs.
4 in Relli Street at Srikakularn.
1, 2 and 3 were companyvicted under Sections 467 and 471, I.P.C. and each was sentenced to undergo rigorous imprisonment for three years.
1 and the shroff went to the chest and drew Rs.
3 was that he was present at the Panchayat Court at Kotabommali on October 14, 1064 and gave evidence in S. C. Nos.
Accused No.
Accused No.
On October 14, 1964 accused No.
The case of respondent No.
Accused No.
Then accused No.
But as there was numbersufficient money in the companynter accused No.
The case of the prosecution is that while accused No.
1 Satya Rao and accused No.
10 and 11.
3 he took it and went away without even companynting the amount.
I was present in the Panchayat Court at Kotabommali on October 14, 1964 for giving evidence.
On October 27, 1964 the Secretary verified the accounts of the Bank and of the Head Office and found that there was numbercredit of Rs.
1 said that the amount should be paid in any case as the banks prestige was at stake.
3 who after interrogation produced a sum of Rs.
When the money was paid to accused No.
4 was in the habit of practising the signatures of the Secretary and the Manager and other officials of the Bank as spoken to by P. Ws.
4 Mohan Rao was a peon.
1 himself who handed the credit advice card to the clerk and asked him to keep the same with him in spite of the fact that the clerk protested that such advice cards should be kept with the Manager himself.
1 was all the tune sitting by the side of the clerk giving him guidance.
2 Went to the Sompeta Branch office.
The credit advice card was received on October 10, 1964 by accused No.
P 4, the debit slip was in the handwriting of accused No.
Accused No.
1 might have gone out.
Accused No.
3 Soon after accused No.
1, though he was present in the office on October 13 and 14, 1964 pretended to be ill and made the clerk P.W. 1 to attend to the business of the Branch Accused No.
In pursuance of the companyspiracy accused No.
3,000 300 ten rupee currency numberes .
D. Ws.
Accused Nos.
When the shroff found accused No.
On the same day the Sub Inspector arrested accused No.
The Branch Office has a manager, a clerk, a shroff and one peon and a night watcher.
1 interfered and told the shroff that to demand identifying witnesses would amount to harassment of customers and the prestige of the Bank would be lowered.
The clerk passed on the documents to the shroff who again protested that the payment companyld number be made unless the payee was identified by a person known to the Bank.
15,000 in favour of Chandradasu.
After return to Headquarters the Secretary made a companyplaint to the Sub Inspector of Police, Srikakularn.
2 had typewritten credit advice card and also a letter of authority both stating to the effect that they should be treated as Demand Draft advice and Demand Draft respectively.
7,000 Rs. ,
1 or at that particular time respondent No.
The evidence of D. W. 9 does number in any way establish the alibi pleaded by respondent No.
4 forged the signature of the Secretary.
Accused Nos.
3 made the payment order.
To both these documents accused No.
The Co operative Central Bank has four branches one of which is at Sompet.
3 was identified by P. Ws.
Suspecting foul play the Secretary and the Auditor proceeded to Sompeta and made enquiries.
But D. Ws.10 and 11 stated that respondent No.
Till September 30, 1964 Sri V. S. Venkateswarlu was the Branch Manager of the Bank at Sompeta.
2 who after his arrest produced Rs.
Accused No.
15,000 to V. Chandradasu of Mandasa treating the letter as Demand Draft.
9, 10 and 11 were examined to prove the plea of alibi The case of respondent No.
3 appeared at the Branch office on October 14, 1964 with a letter of authority and despite the irregularities pointed out by the clerk and shroff accused No.
2 took a bundle of Advice Cards from P.W. 2 and was later seen typing an Advice Card and a letter of Authority Accused No.
1 was still pretending that he was unwell and asked the clerk to carry on the transactions on his behalf.
15,000.
495.50 and had redeemed the gold necklace from A. Gopala Rao of Vijayanagaram by paying Rs.
1 he took it that accused No.
It is possible that they might number have numbericed respondent No.
1 received the Advice Card on October 10, 1964 and asked the clerk to keep it in his custody Accused No.
3 three witnesses D. Ws.
1 at Sompeta on October 14, 1964 Accused No.
1 took the police party to the house of accused No.
4 produced Rs.
4 took the credit advice card to the despatch clerk and said that the Manager wanted that the advice card should be despatched immediately and got it despatched the same day to the branch office.
15,000 to accused No.
1 took charge as Branch Manager with effect from October 1, 1064 from Venkateswarlu.
All the witnesses said that they were in the Branch Office for 5 to 10 minutes.
3 was talking familiarly with accused No.
The Additional Sessions Judge, Srikakulam, companyvicted all the four accused of the charge under Section 120 B, I.P.C. and sentenced them to undergo rigorous imprisonment for three years each.
1 the letter of authority typewritten on the letter head with a companyy to the Central Bank purporting to authorise payment of Rs.
1 took the police party to the house of accused No.
3 was identified by the clerk and the shroff of Sompeta in test identification parade held by the Judicial Second Class Magistrate on November 11, 1964 in Srikakulam Sub Jail.
He went on leave with effect from October 1, 1964.
3,000 in 100 rupee currency numberes and the rest in 10 rupee currency numberes .
At 12.80 P. M. on October 14, 1964 accused No.
A companyspiracy for cheating the bank was entered into between all the accused.
1 was at the headquarters he came to know that the accused No.
The letter purported to bear the signature of the Secretary and also specimen signatures of the payee Cttandradasu.
Again accused No.
1 took the police party to the house of accused No.
Accused Nos.
1 to 4 were further companyvicted under Section 429, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for four years.
1 was found guilty under Section 203, I. P.C. All the accused presented appeals to the Andhra Pradesh High Court which allowed the appeals and acquitted them of all the charges.
7 to 9 Accused Nos.
4 took the Advice Cards and the letter of authority to P.W. 7 and told him that the Advice Card addressed to the Sompeta Branch was to be despatched immediately Accused No.
2 met Accused No.
1 made them pay the amount of Rs.
3 left accused No.
Accused Nos.
1, 2 and 4 were in dose companytact with one another On October 7, 1964 accused No.
1 and upon his statement recovered a sum of Rs.
1 took out the credit advice card and tallied the signature of the Secretary and after satisfying himself that the signatures were companyrect, prepared the debit slip and after taking endorsement of accused No.
1 was posted to act as Branch Manager, Sompeta.
1 and 2 went out for about 15 minutes and came back at about 1.45 P. M. Accused No.
1 was that he was number in the Branch office and did number attend to the business of the Branch on October 13 and 14, 1964.
1 and 2 at an identification parade held by the Magistrate, P.W. 15.
Ramaswami, J. This appeal is brought by special leave from the judgment of the Andhra Pradesh High Court dated 23 3 1967 in Criminal Appeals Nos.
In his place accused No.
Accused No.
He also produced one gold necklace, a gold chain, a wrist watch and other articles.
When the clerk protested that numberamount will be paid on the letter of authority in the absence of Demand Draft accused No.
3 went to the Bank presented to accused No.
1 gave the letter to the clerk for necessary action.
15,000 missing Various accused produced various amounts and articles when interrogated by the police Accused No.
1,930 193 ten rupee numberes .
