A.K. Goswamy, J.

1. Heard Mr. K.L. John, learned counsel for the petitioner and Mr. Tali Ao, learned counsel for the respondent Nos. 2 & 3. Despite service of notice, none has appeared for the respondent No. 1. This revision petition is directed against the judgment and order dated 29.11.2005, passed by Shri L.K. Achumi, learned Special Judge, (Deputy Commissioner) (J), Nagaland, Dimapur in Case No. RC 8(A) 98-Sil, whereby the Court discharged all the accused of the charges under Sections 120-B/420/468/471, IPC and Sections 13(2),13(i) (c) and (d) of the Prevention of Corruption Act, 1988, for short 'the Act'.

2. The people of Zaboka village under Mon District received a sum of Rs. 44 lakhs as land compensation from the Government of Nagaland for establishment of Tuli Paper Mill. The villagers formed a Trust under the name of Zaboka Village Development & Welfare Trust for short 'the Trust', under a registered deed for proper utilization of the money for the development work of the villagers. In terms of the deed of the Trust, the Deputy Commissioner, Mon District happens to be the ex-officio Chairman of the Trust. The Deputy Chairman of the Trust is to be selected by the villagers of Zaboka village. The Chairman and Deputy Chairman were authorized to operate the transaction of the bank account of the Trust. Corpus of the Trust was from the compensation awarded.

3. A writ petition vide Civil Rule No. 135(K)95 was filed before this Court by 4 (four) petitioners, namely, (1) Sh. Alei Konyak (2) Sh. Longahen Konyak (3) Toalong Konyak and (4) Sh. Ashan Konyak, who were all members of the Trust, stating that the Trust had deposited long term deposit of Rs. 22,34,400/- on 16.9.1987 vide TDRs No. 53549 under Account No. 140 in the Nagaland State Co-operative Bank, Tizit. The allegation for which the writ petition was filed was to the effect that on 23.6.1989, a meeting of the Trust was allegedly held in the office chamber of the Deputy Commissioner, Mon, where the writ petitioners were also allegedly present and shown to have participated by forging their signatures. In the said meeting, an amount of Rs. 10 lakh was given as loan to the respondent No. 1 in the present application. The respondent No. 1 was the then Deputy Chairman of the Trust Board. Another meeting was also held whereby, a resolution was taken for sanctioning of Rs. 1,60,000/- on the basis of the resolution dated 20.4.1991.

There was no record of any such Trust Committee adopting a resolution on 20.4.1991. One more Trust meeting was held on 3.3.1992 and a sum of Rs. 5 lakh was also given to the respondent No. 1 as long term loan for construction of Tea Garden at Tizit Valley. In the said meeting also, according to the writ petitioners, they were not present and their thumb impressions had been obtained through forgery. This Court, on the allegations aforesaid, while admitting the writ petition on 5.10.1995, had observed the desirability of the Central Bureau of Investigation, for short, 'the CBI' to make an enquiry into the allegations. Based on the order of the Court dated 29.2.1996, a case was registered, being PE-4(A)96-SLC and a preliminary enquiry was conducted by the CBI. The enquiry revealed that the resolutions dated 23.6.1989, 20.4.1991 and 3.3.1992 were not genuine but false and fabricated, as the thumb impressions found in the resolutions were quite different from the thumb impressions of the members. Subsequently, the CBI submitted its final report on 22.12.1997, showing that a prima facie case has been established against the accused persons. This Court, thereafter, by an order dated 12.10.1998, directed the CBI to proceed accordingly. Thereafter, a case was registered being RC-8(A)98-SLC under Section 120-B, 420, 468, 471, IPC and Sections 13(2)and 13(1)(c) of the Prevention of Corruption Act, 1988.

4. On 12.5.2000, after completion of the investigation, Charge-Sheet No. 3/2000 was filed before the Court of the Deputy Commissioner, Mon and subsequentl