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2001 Supreme(Mad) 1571

High Court of Judicature at Madras
N. DHINAKAR
J. Jayalalitha and five others
Versus
State represented by Additional Superintendent of Police, CBCID, Chennai. (Crime No.17 of 1996)
Criminal Appeal Nos.972, 973, 974, 977, 981, 987 and 1168 of 2000
Decided On :Decided on: 04-12-2001

Advocates Appeared:
Mr.K.K.Venugopal, Senior Advocate with Mr.K.V.Viswanathan for M/s.N.Jothi and S.Senthilnathan for Appellant in C.A.No.972 of 2000 and Respondent No.1 in C.A.No.1168. Mr.Vinod Arvind Bobde, Senior Advocate with Mr.K.V.Viswanathan for M/s.N.Jothi and S.Senthilnathan Advocate for Appellant in C.A.No.973 of 2000. Mr. N.T. Vanamamalai, Senior Advocate for Mr. G. Ethirajulu, Advocate for Appellant in C.A. No.974 of 2000. Mr. S. Sathayanarayanan, Advocate for Appellant No.977 of 2000 and Respondent No.3 in C.A.No.1168 of 2000; Mr. K. Ashokan, Senior Advocate for Mr. M. Nirmal Kumar, Advocate for Appellant in C.A.No.981 of 2000 and Respondent No. 4 in C.A.No.1168 of 2000; Mr. C. Mani Shankhar, Advocate for Appellant in C.A.No.987 of 2000. Mr.K.V.Venkatapathi, Senior Advocate and Special Public Prosecutor for Appellant in C.A.No.1168 of 2000 and Respondent in C.A. Nos. 972, 973, 974,977,981,987 of 2000 and Mr. N. Jothi, Advocate for Respondent No.2 in C.A. No.1168 of 2000.

Judgment :-

1. Accused 1, 2, 6, 3, 4 and 5 in Spl.C.C.No.4 of 1997 on the file of Special Judge No. III/Additional Sessions Judge XIII, Chennai, are the appellants in C.A.Nos.972, 973, 974, 977, 981 and 987 respectively and accused 1 to 4 in the said Spl.C.C. are respondents 1 to 4 respectively in C.A.No. 1168 of 2000. In this judgment, the appellants in the above appeals and the respondents in C.A.No. 1168 of 2000 will be referred to as Al to A6 in the order they were arrayed before the learned trial Judge, for the sake of convenience.

2. The accused were charged on the allegation that they, between October, 1991 and December, 1992, conspired and in pursuance of the said conspiracy, enabled Jaya Publications, a partnership firm, of which Al and A2 are the partners, to purchase 3.0786 acres of land with a superstructure standing thereon measuring 2698 sq. mts. and that the land was purchased below the guideline value and that the building and the machinery in the property were also purchased by undervaluing them, as a result of which, there was a wrongful gain to Jaya Publications to a tune of Rs.3,50,91,429 and that they also committed the offences of cheating, criminal breach of trust and an offence under Section 169, IPC and that Al to A6 have abetted each other to commit the above offences.

3. Al was charged under Section 120-B, IPC, Sections 13(2) r/w 13(1)(c) of the Prevention of Corruption Act, 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, and Sections 409, 169 and 420 r/w 34, IPC. A2 was charged under Section 120-B IPC, under Sections 13(2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act r/w 109 IPC, under Sections 409 r/w 109, IPC, 169 r/w 109, IPC and 420 r/w 34, IPC. A3 was charged under Sections 120-B, IPC 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 119 IPC r/w 13(2) r/w 13(l)(d) of the Prevention of Corruption Act, and under Sections 169 r/w 109, 420 and 409 IPC. A4 and A5 were charged under Section 120-B IPC, under Section 13(2) r/w 13(l)(d) of the Prevention of Corruption Act, under Section 119, IPC r/w 13 (2) r/w 13(1)(d) of the Prevention of Corruption Act, and under Section 169 r/w 109, IPC. A6 was charged under Section 120-B IPC, under Section 119, IPC r/w 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, and under Section 13(2) r/w 13(1)(d) r/w 109, IPC.

4. The learned trial Judge convicted Al under Section 120-B, IPC r/w 13(2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act. He also convicted Al under Sections 13(2) r/w 13(1)(c) as well as 13(2) r/w 13(l)(d) of the Prevention of Corruption Act and under Section 409, IPC, and for each charge, she was directed to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs. 10,000. There was a further direction that in default of payment of fine, she will suffer simple imprisonment for three months. A2 was convicted by the learned trial Judge under Sections 120-B, IPC r/w 13(2) r/w 13(l)(c) and (d) of the Prevention of Corruption Act, under Sections 13(2) r/w 13(1) (c)of the Prevention of Corruption Act r/w 109, IPC, under Sections 13(2) r/w 13(1)(d) of the prevention of Corruption Act r/w 109 IPC, and under Section 409 r/w 109, IPC. A2 was also similarly sentenced. A3 to A5 were convicted under Sections 120-B. IPC r/w 13(2) r/w 13(1) (c) and (d) of the Prevention of Corruption Act and under Sections 13(2) r/w 13(1) (d) of the Prevention of Corruption Act and each of them was sentenced to suffer rigorous imprisonment for a period of three years and to pay a fine of Rs.10,000 in default of which, each of them was directed to suffer simple imprisonment for three months, for each charge. A6 was convicted under Sections 120-B, IPC r/w 13 (2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act and for the said conviction, he was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.10,000 with a default sentence of simple imprisonment for three months. The learned tri



































































































































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