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This person was Auditor for Greenlands Hotel at Visakhapatnam
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of which the respondent No
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I was a Director
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R.K.N.G. Raju took till towards the end of 1947 and died at Madras in April, 1948
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According to the prosecution the respondent No. I wanted to take advantage of this fact and conceived of a scheme for misappropriating as much money belonging to VESCO as possible before the managing agency agreement of AECO came to an end in October, 1948
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I secured the promotion of the approver K.V. Ramana, who was originally Accounts Clerk to the post of Senior Accountant
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Similarly K. V. Gopala Raju was transferred from the post of Stores Clerk to the general department and K.S.N. Murty, the discharged accused, was appointed Stores Clerk in his place
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Later, however, Murty was also got transferred to the general section and replaced by P. W. 18
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Srinivasa Rao originally a stores boy
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The approver who was originally an Accounts clerk with the AECO was, it may be mentioned, appointed a cashier in VESCO in 1946 at the instance of the respondent No
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I and was thus beholden to him
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He was later promoted as Senior Accountant and in his place the respondent No. 2
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Laksbminarayana Rao was appointed the Cashier
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According to the prosecution the respondent No
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I took both the approver and Lakshminarayana Rao in his confidence as also some other persons "known and unknown" for carrying out his nefarious purpose, namely, the misappropriation of the funds of VESCO during the subsistence of AECO's managing agency of VESCO
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The conspiracy is said to have been hatched in the year 1947 and falsification of accounts and misappropriation of funds of VESCO went on till the end of the accounting year
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The term of the managing agency was renewed in 1943 and AECO con- tinued to be managing agents until the VESCO was taken over by the Government in 1952
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I continued to be the Secretary of VESCO and resident representative of the Managing Agents throughout the period of conspiracy
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After the death of R.K.N.G. Raju, it was discovered that the AECO was indebted to many concerns which were under its managing agency, the liability being shown either as that of AECO or that of R.K.N.G. Raju personally
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Again, the VESCO was shown as indebted to the Andhra Cement, ; to the extent of Rs
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42, 000
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This amount was, however, paid by the AECO from the funds of VESCO
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I and some of his friends were in search of a rich and substantial man who would be amenable to them to fill the post of Managing Director of AECO
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Eventually their choice fell on G. V. Subba Raju, P. W. 25, a resident of Manchili, who held a large number of shares in the AECO and who was, besides, related to R.K.N.G. Raju by marriage
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It is said that this person has not received much education and knows only bow to sign his name in English
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He was assured that by consenting to become the Managing Director be would not be required to discharge onerous duties and that the respondent No
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I would look to all the affairs of VESCO
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He was also told that apart from signing important papers which may be sent to him by the respondent No. I from time to time to Manchili or wherever be might be would have no work to do
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He agreed and was elected Managing Director of AECO in the middle of 1948
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Upon this understanding he accepted the position offered to him
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The VESCO used to receive large amounts of money from high tension power consumers such as the railways, K. G. Hospital, the Port Administration, the Andhra University etc
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by cheques
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But domestic consumers usually paid their bills in cash to the bill collectors who used to hand over their collections to the respondent No. 2
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The respondent No. 2 was asked by the respondent No
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I to maintain a private note book
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In "that book payments which used to be made by respondent No. 2 on the basis of slips issued by the respondent No
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I used to be noted and the amount totalled up at the end of the day
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This amount was posted in VESCO's Cash Handover Book as "'by safe" indicating that this amount was kept in the safe, though in fact it was not
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On the basis of the entries in the Handover Book the final accounts were written up
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I opened four personal accounts in different banks, including the Imperial Bank of India
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When the respondent No
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I had to issue a personal cheque on any of these Banks he used to ask the second respondent to send an equivalent amount to the Bank concerned for being credited to his account
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These amounts also used to be noted in the private note book and entered
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Another thing which the respondent No
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I initiated was opening a heading in the ledger called "advance purchase of materials
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Amounts which had been misappropriated used to be posted therein though in fact no orders were placed for any material
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It may be mentioned that Subba Raju used to visit Visakhapatnam twice a month and check up the account books
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At that time it used to be represented to him that the amounts which were shown to be in the safe and not found therein had been sent to the Bank for being deposited
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Apparently Subba Raju was fully satisfied with this and other explanations and, therefore, he appointed one C. S. Raju, who was the Manager of Andhra Cements to supervise over the affairs of VESCO.Apparently because of this a new method of misappropriation was adopted by the respondents by starting in the VESCO account books, an account called "suspense account
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A lakh of rupees passed through that account
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Amounts which were misappropriated used to find their way in this account
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A new cash book was also said to have been prepared by the conspirators with the object of covering up the misappropriations which had been made
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Subba Raju was not satisfied with the nature of supervision exercised by C. S. Raju over the affairs of VESCO because he used to look only at the cash book entries of the days on which he paid visits to VESCO's office, to which he used to go with previous intimation
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Besides that, C. S. Raju's management of Andhra Cements had landed it into a loss of Rs
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30, 000
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Because of all these things he had C. S. Raju replaced towards the end of the year 1951 by one Subbaramayya, a retired Finance Officer from the Madras Electricity Board both as a Director of Andhra Cements and as a Supervisor over the accounts of VESCO
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Subbaramayya took his work seriously and called for information on a number of points from the respondent No. 1
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He, however, was unable to obtain any information
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In January, 1952 he therefore brought one S. G. Krishna Aiyar who had vast experience in the maintenance of accounts of electrical undertaking's having been Chief Accountant of the South Madras Electric Supply Corporation, to undertake an investigation and then to act as Financial Adviser
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In the meantime on November 29, 1951 there was a meeting of the General Body at which the accounts were, among other things, to be considered
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There was a considerable uproar at that meeting because the respondent No. 1 said that the Auditor's report had not been received
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The shareholders felt that the report had been received but was being suppressed or deliberately withheld
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However, the meeting was postponed and eventually held on December 9, 1951
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On that date the respondent No. 1 produced the auditor's report
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According to the prosecution the report is a forged document
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That was also the feeling-of a number of shareholders who wanted to see the original but one Dutt who was Chairman of the meeting after seeing Ex
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P. 234 said that the report seemed to be a genuine one
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S. G. Krishna Aiyar after his appointment in January, 1952, made close enquiry and submitted an interim report
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That report showed that during the period 1948-49 Rs. 33, 271-10-0 shown as paid to the Andhra Power System were in fact not paid
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The respondent No. 1 on being asked to explain said that he would give his explanation to the Managing Director
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The Interim Report showed that there was a shortage of about Rs
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90, 000/- for this period
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On February 12, 1952 the respondent No
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I wrote to the Managing Director admitting his responsibility and agreed to make good the amounts found short or such other amounts as would be found short up to the end of March, 1952
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Further scrutiny of the accounts was being carried out by Krishna Aiyar and in his subsequent report he pointed out that Rs. 2, 38, 000/- which were shown as having been paid to the Andhra Power System had actually not been paid
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In fact in April, 1952 the Collector attached VESCO properties for realising this amount
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On April 30, 1952 the respondent No. 1, by selling some of his property, himself paid Rs. 50, 000/- to the Andhra Power System towards the sum due to it from VESCO and had promised to pay the balance shortly thereafter
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He was given time for doing so but he failed to pay it
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The Directors of VESCO thereafter authorised K. S. Dutt, one of the Directors to lodge a complaint with the police which he accordingly lodged on May 19, 1952
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On the next day the police placed an armed guard around the office of the respondent No
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I and seized a number of papers
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As a result of investigation they found that there was a total misappropriation of Rs
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3, 40, 000
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On May 13, 1954 a chargesheet was filed against the two respondents as well as Murti and the approver Ramana
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OD September 13, 1954 Ramana offered to make a full Confession to the Additional District Magistrate (Independent) who was empowered to grant pardon under s. 337 of i he Code of Criminal Procedure
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He, however, directed Ramana to make his confession before a SubMagistrate
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The latter accordingly made a confession on November 15, 1954 and on November 17, 1954 the Additional District Magistrate (Independent) granted him pardon and that is how he came to be examined as a witness in this case
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As already stated, the Additional Sessions judge convicted both the respondents, the respondent No
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I in respect of each head of the offences with which he was charged and the respondent No. 2 in respect only of the offences of conspiracy and misappropriation
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The High Court set aside the conviction of the respondents on a number of grounds
Ruling by Lower Court
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In the first place according to the High Court, joint trial of two or more persons in respect of different offences cornmitted by each of them is illegal and that here as they were charged with having committed offences under s. 120-B, s. 409, s. 477-A and s. 476/467, I.P.C
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they could not be tried jointly
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According to it the provisions of s. 239 were of no avail
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Next according to the High Court even if s. 239 is applicable its provisions are subject to those of s. 234 and as such the trial being for more than three offences was impermissible
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Then according to the High Court offences under
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s. 409 and s
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471/467 are of different kinds and are not capable of joint commission
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Therefore, they could not be jointly tried
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Further, according to the High Court where a conspiracy has yielded its fruits the conspirators can be charged with the actual offences committed and not with conspiracy to commit those offences
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Charge of conspiracy, according to the High Court, can be validly made only when the prosecution establishes that every conspirator expected to receive a personal benefit from it and that the prosecution has not been able to establish that the respondent No. 2 or the approver evidently had any such expectations since they did not in fact receive any corresponding benefit
Ruling by Lower Court
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