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2023 Supreme(Online)(MAD) 12998
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 07.08.2023 Pronounced on: 24.08.2023 Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl.A.Nos.868, 883 of 2019 Crl.A.No.35 of 2020 &
Crl.A.No.120 of 2021 Crl.A.No.868 of 2019
1. Pitchaipillai, S/o.Kandasamy, No.34/3, Indra Nagar, Boodambur, Virudhachalam, Cuddalore District.
2. Kovilpillai, M/A 73 years, S/o.Gnanakannan, No.10, MGR Nagar, Cuddalore, Cuddalore District. ... Appellants/Accused 3 & 4 /versus/ State by Deputy Superintendent of Police, Vigilance and Anti Corruption, Cuddalore.
(Crime No:8/AC/98CL) ... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of the Code of Criminal Procedure, pleased to set aside the conviction and sentence passed by the Learned Chief Judicial Magistrate/Special Judge, Cuddalore, Cuddalore District in Special Case No.3 of 2003 by judgment dated 06.12.2019 and acquit the appellants herein from the charges.
For Appellants : Mr.S.Anantha Narayanan, Senior Counsel, for Mr.K.Balu For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
Crl.A.No.883 of 2019 Veera Chellaya, 71 years, Son of Veerapathiran, Former Tahsildar, Tittakudi.
... Appellant/Accused No.2 /versus/ State by, The Deputy Superintendent of Police, Vigilance and Anti Corruption, Cuddalore.
(Crime No:8/AC/98CL) ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374(2) of the Cr.P.C., pleased to call for the entire records in connection with the Special Case No.3 of 2003 on the file of the Chief Judicial Magistrate/Special Judge, Cuddalore and set aside the conviction and sentence imposed by the Chief Judicial Magistrate/Special Judge, Cuddalore dated 06.12.2019 in Special Case No.3 of
2003.
For Appellants : Mr.V.R.Balasubramaniam For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
Crl.A.No.35 of 2020 Sadacharam@ Sadhasivam, M/72, S/o.Gurusami Servai, No.9A, 3rd Main Road, Krishna Nagar, Maduroyal, Chennai - 95 ... Appellant/Accused No.14 /versus/
State Rep. by, The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Cuddalore.
(Crime No.8/AC/98CL) ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374 of the Cr.P.C., pleased to call for the entire records in connection with the Special Case No.3 of 2003 on the file of the Chief Judicial Magistrate/Special Judge, Cuddalore and set aside the conviction and sentence imposed by the Chief Judicial Magistrate/Special Judge, Cuddalore dated 06.12.2019 in Special Case No.3 of 2003 and pass orders.
For Appellant : Mr.A.M.Rahmath Ali For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
Crl.A.No.120 of 2021 The State Rep.by, The Deputy Superintendent of Police, Vigilance and Anti-Corruption, Cuddalore.
(Crime No.8/AC/98CL) ... Appellant/Complainant /versus/
1. Tr.J.Jayaraman, M/A 58 years (A-5), S/o.Jambunathan, Former Zonal Deputy Tahsildar, Tittagudi, Cuddalore District.
Residing at:-
No.1, Shanmuga Nagar, Kuthapakkam, Thiruppapuliyur, Cuddalore.
2. Tr.R.Sugumaran, M/A 45 years (A-6), S/o.N.Rajam Naidu, Former VAO, Chinnakosapalayam, Residing at:- No.34, Manthoppu Street, Pennadam, Tittagudi, Cuddalore District.
3. Tr.S.Subramanian, M/A 50 years, (A-7), S/o.Sesha Iyar, Former VAO, Thozhudur, Residing at:- Main Road, Ramanatham, Tittagudi, Cuddalore District.
4. Tr.K.Anbalagan, M/A, 48 years (A-8), S/o.Krishnamurthy, Former VAO, Pennadam, Residing at:- Kurukkathancherry, Tittagudi, Cuddalore District.
5. Tr.P.Sivagnanam, M/A 55 years (A-9), S/o.Periyasamy, Former VAO, Chinnakosapalayam, Residing at:-
S.Naraiyur, Tittagudi, Cuddalore District.
6. Tr.M.Periyasamy, M/A 48 years, (A-10), S/o. Muthusamy, Former VAO, Neivasal Residing At:-
Eluthur, Tittagudi, Cuddalore District.
7. K. Arjunan S/o. Kanasamy, Former VAO, Kozhiyur, Residing At:-
Neivasal, Tittagudi, Cuddalore District.
8. G.Rajendran S/o.Govindasamy, Former VAO, Sirumulai, Residing At Navalur, Tittagudi, Cuddalore District.
9. P.Paramasivam, S/o.Ponnusamy, Former VAO, E.Keeranur, Residing At:-
Avatti, Tittagudi, Cuddalore District. ... Respondents/Accused (A-5 to A-13)
Prayer: Criminal Appeal is filed under Section 374 of the Cr.P.C., pleased to allow the appeal and set aside the judgment of acquittal of the respondents/accused (A-5 to A-13) in Special Case No.03 of 2003 dated 06.12.2019 by the Chief Judicial Magistrate cum Special Court, Cuddalore and convict the respondents/accused (A-5 to A-13) for the charges framed against them.
For Appellant : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
For R1 : Mr.J.Jayaraman, Party-in-Person For R2 to R4, R7 to R9 : Mr.N.R.Elango, Senior Counsel, for Mr.N.Kumaran
C O M M O N J U D G M E N T
The Chief Judicial Magistrate-cum-Special Court, Cuddalore, in Special Case No.03 of 2003 tried 15 accused for offences under Section 120-B, 167, 420, 408, 409, 471 of I.P.C., Section 13(2) r/w 13(1)(d) of P.C Act, 1988 and Section 109 of I.P.C. Accused 1 and 15 died pending trial, hence the charges against them abated. A-5 to A-13 were acquitted. A-2 to A-4 and A-
14 were convicted and sentenced as below:-
| Accused | Offences under Section | Conviction and Sentence passed by the Trial Court |
| A2 | 468 of I.P.C (2 counts) | To undergo R.I for 4 years for each count and to pay fine of Rs.5,000/- in default to undergo S.I for two months each count. |
| 471 of I.P.C (2 counts) | To undergo R.I for 2 years for each count and to pay fine of Rs.2,000/-, and in default to undergo S.I for one month for each count. | |
| 409 of I.P.C | To undergo R.I for 4 years and to pay fine of Rs.5,000/- and in default to undergo S.I for two months. |
| Accused | Offences under Section | Conviction and Sentence passed by the Trial Court |
| A14 | 468 of I.P.C | To undergo R.I for 4 years and to pay fine of Rs.5,000/- in default to undergo S.I for two months. |
| 471 of I.P.C | To undergo R.I for 2 years and to pay fine of Rs.2,000/- and in default to undergo S.I for two months. | |
| 409 of I.P.C | To undergo R.I for 4 years and to pay fine of Rs.5,000/- in default to undergo S.I for two months. |
The period of substantive sentence ordered to run concurrently. The period already undergone ordered to be set off under Section 428 of Cr.P.C.
2. Aggrieved by the order of acquittal, the State has preferred appeal in Crl.A.No.120 of 2021 against A5 to A13. A2 (Veera Chellaya) has preferred appeal in Crl.A.No.883 of 2019 against the conviction under Section 468 of I.P.C (2 counts), 471 (2 counts) and 409 of I.P.C. A3 (Pitchaipillai) and A4 (Kovilpillai) have jointly preferred Crl.A.No.868 of 2019 for being convicted under Section 468, 471 r/w 109 of I.P.C. A-14 (Sadacharam @ Sadhasivam) has preferred appeal in Crl.A.No.35 of 2010 against the conviction for the offence under Section 468, 471 and 409 of I.P.C. 3. The appeal against the acquittal as well as the appeals against conviction are against the same judgment, hence on hearing the Learned Counsels, common judgement is pronounced as under:-
4 . B rief facts of the prosecution case:-
On 15.10.1998, based on credible information, the Vigilance and Anti Corruption, Cuddalore detachment registered F.I.R regarding irregularities/malpractices in connection with the utilisation of the Government funds allotted for business and housing loans to the Srilankan repatriates at South Arcot Vallalar District during the year 1994-1995 to 1995-1996 by Tr.S.S.Basha, Deputy Collector, Formerly Revenue Divisional Officer, Virudhachalam (deceased), A2 (Verra chellaya), Former Tahsildar, Tittakudi Taluk along with VAO's of Chinnakosapalam, Thozhudur, Pennadam, Neivasal, Kozhiyur, Sirumulai and E.Keeranur villages in Tittakudi Taluk
5. The final report reveal that within the Taluk of Tittakudi though there was no Srilankan repatriates permanently residing, housing loan applicable to urban areas was wrongly sanctioned in the rural areas in the name of Srilankan repatriates, who were not resident of the villagers mentioned or not holding documents like family card or passport to indicate that, they are Srilankan repatriates and residents of Tittakudi Taluk. The documents such as Encumbrance certificates, sale deeds and mortgage deeds which are required for sanctioning loan under the scheme were not obtained by the accused persons or fabricated by themselves. Pursuantly Rs.66 lakhs was disbursed in cash to one private individual through Sub-Treasury at Tittakudi, instead of making payment by way of demand draft or cheque in the name of beneficiaries.
6. A-1 (S.S.Basha), Deputy Collector, Formerly the R.D.O and A2 (Veera Chellaya), Tahsildar prepared false inspection report without verifying the ownership of the
