(1.) This batch of appeals by special leave arise out of the Judgment and Order of the High Court of Andhra Pradesh dated 27-11-1991. The appellants in these appeals are Executive Engineers, Deputy Executives Engineers. Section Officers and Contractors of Nellore North Division, Nellore South Division and Gandipalem Project Division. They along with a Superintending Engineer (since dead) and various contractors were tried for offence under Sections 120-B, 420/34, 377A/34 IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act and on being found guilty were sentenced to different terms of imprisonment for the said offences. The circumstances under which the cases arose are:
(2.) A Call Attention Motions was moved in the Andhra Pradesh Legislative Assembly in 1981 alleging large scale fraud, irregularities and illegalities committed in the execution of jungle clearance work by the engineers and contractors in various divisions of Nellore District during 1978-1981. Consequent upon the Call Attention motion, the Government directed the then Deputy Engineer-in-Chief. Shri L. R. Kapoor P. W. to examine and inquire into the allegations. He visited Nellore and after conducting a preliminary inquiry submitted his report on 17-4-1981 pointing out various illegalities and irregularities committed by the Engineers. The Secretary, Irrigation Department of the Government of Andhra Pradesh also directed the then Chief Technical Examiner. Mohd. Rahamathullakhan PW to make an inquiry into the allegations made on the floor of the assembly during the Call Attention Motion. It further transpires that the Government of Andhra Pradesh issued G. O. Ms. NO.313 Irrigation and Power Department dated 20-7-1981, Ex. PI, appointing Shri N. V. M. Krishna, the then Chief Engineer, for carrying out departmental enquiry into the works allegedly carried out in three Divisions namely Nellore North Divisions, Nellore South Divisions and Gandipalem Project Division and the role of the concerned engineers. Chief Engineer Shri Krishna PW. 1 submitted his report highlighting the irregularities as noticed by him. The case which had acquired importance on account of the call attention motion in the Legislative Assembly was then entrusted by the Government to the Anti Corruption Bureau (for short ACB) for inquiry. The ACB officials conducted an inquiry and on 1-5-1982 submitted a report. Ex. P. 30 to the Director Anti Corruption Bureau with a request to register a case against the appellants. Consequently, crime case No.2/ACB/NLR/82 for various offences, as already noticed, came to be registered against the appellants. The investigation was taken in hand by an Inspector of Police ACB in May 1984. On the request of the ACB, some members of the Engineering Staff of the department were deputed to assist it for purposes of collecting technical data etc. during the investigation. Site inspections were also carried out to find out whether any work of jungle clearance had in fact been done in 1979 in the three divisions and the area in which jungle clearance work could have been done in the year 1979 and the question of making payments in respect of the work allegedly done. After completion of investigation, chargesheet were filed by the ACB against the appellants. The learned Special Judge, after trial of the case, found the appellants guilty of various offences and imposed varying terms of imprisonments, including fine on different counts. The substantive sentences were, however, directed to run concurrently. Against their conviction and sentence, the appellants filed appeals in the High Court of Andhra Pradesh. The High Court by its judgment dated 27-11-1991, confirmed the conviction of the appellants on different counts but reduced the sentence of imprisonment of the engineers to the period 'till the rising of the Court". The sentence of fine and imprisonment in lieu thereof as imposed by the trial Court, was, however, maintained. The appellants have since paid the fine and have undergone the sentence till the rising of the Court. By special leave they have filed these appeals.
(3.) For facility of reference, we may mention that against the judgment of the Special Court in CC No.1-8/87, 35 appeals were filed in the High Court by 43 appellants therein. In this Court, the criminal appeals arising out of that case are Criminal Appeals Nos. 72-74/93 etc. All these cases relate to Gandipalem Project Division. Conviction and sentence imposed in CC. 1/86 and the connected cases before the Special Court, led to the filing of 44 appeals in the High Court by 71 appellants therein. The Criminal Appeals filed by them in this Court are Criminal Appeals Nos. 128-130/93 etc. All these relate to Nellore North Division. In respect of Nellore South Division, 68 appellants preferred criminal appeals in the High Court against their conviction and sentence as recorded by the Special Judge and those cases form the batch of Criminal Appeals Nos. 99-101/93 etc. in this Court. The contractors had filed separate appeals in the High Court and Criminal Appeal No. 153/93 and 170-71/93 etc. in this Court arise out of the appeals filed by the contractors.