JUDGMENT: The learned Special Judge No.II/ XII Additional Judge, Chennai in Special C.C.No.3 of 1998 convicted the first appellant for an offence under Sec.13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act and sentenced him to undergo R.I. for three years and also to pay a fine of Rs. 1 lakh, in default to undergo S.I. for three months and convicted A2 to A5 for an offence under Sec.109, I.P.C. and Sec.13(1)(e) read with Sec.13(2) of the Prevention of Corruption Act, 1988 and sentenced them to undergo R.I. for one year and also to pay a fine of Rs.10,000 each in default to undergo S.I. for one month. The sixth accused was acquitted. As against the order of conviction passed by the learned Special Judge, these appeals have been preferred by the accused 1 to 5. Since all these appeals have been preferred as against a single judgment, the following common order is passed.

2. The charge against the first appellant is that while he was discharging his duties as Minister of Education, Government of Tamil Nadu during the period from 18.5 1993 to 9.5.1996, he abused his position as a public servant and acquired and possessed pecuniary resources and properties in his name and in the names of A-2 to A-5 disproportionate to his known sources of income to the extent of Rs.77,49,337.77. The charge against A-2 to A-5 is that during the above said period, they abetted A-1 in the commission of the offence of criminal misconduct to acquire a substantial portion of the pecuniary resources and properties in their names and by holding such properties and pecuniary resources on behalf of the first accused.

3. The first accused was elected as Member of Legislative Assembly from the Marugapuri Constituency in June, 1991. He became the Deputy Speaker of the Legislative Assembly on 3.7.1991 and subsequently from 17.5.1993 to 9.5.1996, he was the Minister of Education to the Government of Tamil Nadu. Before coming to the political arena, A-1 was employed as a Lecturer in the Government Arts College and P.W.16 was also working as a Lecturer along with him in Trichy Government Arts College. A-1 borrowed a sum of Rs.5,000 from P.W.16 during 1985 and also executed a promissory note, but inspite of notice, the amount was not repaid. Therefore, Ex.P-92, suit was filed and a decree was obtained as per Ex.P-93. After execution proceedings, an amount of Rs.9,000 and odd was recovered from the salary of A-1 in 1990 itself.

4. P.W.17 is a retired officer in the Bank of India. He was working as Manager in Trichy Branch from 1994-1998. He issued Ex.P-95, letter to the Deputy Superintendent of Police, Vigilance and Anti-corruption which reveals that the first accused obtained a crop loan of Rs.13.000 on 11.5.1973 and since he did not repay the same, a suit was filed on 20.1.1984 and the amount was collected on 13.12.1984. The financial position of the first accused was very weak till he became the Minister of Education during the period 18.5.1993 to 9.5.1996.

5. A-1 was functioning as Minister for Education. The second accused is his wife; the third accused is his daughter; the fourth accused is brother’s son of A-1; A-5 is the brother of A-1 and the sixth accused is a chartered accountant who submitted the income tax returns and wealth tax returns of A-2 to A-5 to the income tax authorities. The case of the prosecution is that A-1 acquired pecuniary resources during the check period, disproportionate to his known sources of income not only in his name, but also in the names of A-2 to A-5. To prove the case of the prosecution, the prosecution examined as many as 65 witnesses and Exs.P-1 to P-297 were marked. Godrej keys were marked as M.O.1.

6. According to the prosecution, the first accused purchased 2.86 acres of land for a consideration of Rs. 19,800 on 27.2.1995 from P.W.44 through Ex.P-52, sale deed. P.W.45 sold two acres of land to the first accused on the same day for a consideration of Rs.18,365 under Ex.P-54. P.W.46 and others also sold an extent

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