D SAROJINI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The police sent up for trial Surapaneni Purna Prasad (A-1, D. Subba Rao (A-2) and Chanti Ankala Reddy (A-3) for offences under Sections 420,120-Band 477-A.I.P.C. It was alleged that A-1 had appeared for III year B.Com Statistics Examination in April, 1981 and had failed, in that examination, having obtained only 20 marks in the examination. He thereupon applied for revaluation of the marks to the University after following due procedure. A-2 was at the relevant time working as U.D.C. and A-3 as the Selection Superintendent in the Confidential Section of the revaluation branch of the University. A-1 absconded and was later on tried separately. A-2 and A-3 were tried and found guilty by the trial Court of offences under Sections 477-A, 420 and 120-B, I.P.C. They are awarded a sentence to undergo rigorous imprisonment for a period of one year on each of the counts and also to pay a fine of Rs. 1000/- for the offence under Section 477-A.

(3.) Against their conviction and sentence, A-2 and A-3 preferred appeals before the learned Additional Sessions Judge, Guntur. The appeals were dismissed and their conviction and sentence awarded by the trial Court were confirmed. A-2 and A-3, thereafter, filed Revision Petitions in the High Court. During the pendency of the Revision Petitions, A-2 died. The widow of A-2, thereupon filed an application seeking permission to continue the proceedings in the Revision Petition on the ground that in the event of acquittal of A-2, the family of deceased A-2 would be entitled to receive pensionary benefits. Permission was granted to her to promote the revision. The High Court heard the Revision Petitions and vide order dated 26th October, 1998, set aside the conviction and sentence of A-3 while maintaining that of A-2. This Appeal, by Special Leave, has been preferred by the widow of deceased A-2.