LAWS(MAD)-2001-12-9

J JAYALALITHA Vs. STATE OF TAMIL NADU

Decided On December 04, 2001
J.JAYALALITHA Appellant
V/S
STATE REP. BY ADD I. SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The appellants in the above appeals are accused 1 2, 6, 3 and 5 respectively in SpI. C.C. No. 13 of 1997 on the file of Special Judge No. Ill/Additional Sessions Judge Nr. XIII. Chennai. Another accused, who was tried as the fourth accused, was acquitted by the learned Sessions Judge. In this judgment, all the appellants and the fourth accused, who was acquitted, 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 the years 1991 and 1993, conspired and in pursuance of the said conspiracy, enabled Sasi Enterprises a partnership firm, of which Al and A2 are the partners to purchase 2550 sq. mtrs. of land with a superstructure standing thereon measuring 1550 sq. mtrs. plant, machinery, dies, tools and consumable stores and that the above property belonging to TANSI Enamelled Wires were purchased below the guideline value, as a result of which, there was a wrongful gain to Sasi Enterprises to a tune of Rs. 66.11.075/ 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 abetted each other to commit the above offences.

(3.) Al was charged under Section 120-B IPC nw 13(2) nw 13(1) (c) and (d) of the Prevention of Corruption Act (for short. the P.C. Act). Al was also charged under Section 13(2) nw 13(l)(d) of the P.C. Act. 13(2) nw 13(l)(c) of the P.C. Act. 409. 169 and 420 nw 34 IPC. A2 was charged under Section 120-B IPC nw 13(2) nw. 13(l)(c) and (d) of the P.C. Act and also for the offences under Sections 13(2) r/w 13(l)(d) of the P.C. Act r/w 109 IPC, 13(2) r/w 13(1)(c) of the P.C. Act nw 109 IPC, 409 r/w 109 IPC, 169 r/w 109 IPC and 420 r/w 34 IPC. A3 was charged under Section 120-B IPC nw 13(2) nw 13(1)(c) and (d) of the P.C. Act and also for the offences under Sections 13(2) nw 13(1) (d) of the P.C. Act., 119 IPC nw 13(2) r/w 13(l)(d) of the P.C. Act. He was also charged under Sections 169 r/w 109 IPC, 420 IPC and 409 IPC, A4, who was acquitted was charged under Section 120-B IPC nw 13(2) nw 13(1) (c) and (d) of the P.C. Act as well as for the offences under Sections 13(2) nw 13(1)(d) of the P.C. Act. 119 IPC nw 13(2) nw 13(1)(d) of the P.C. Act and 169 nw 109 IPC. AS was charged under Section 120-B IPC r/w 13(2) r/w 13(l)(c) and (d) of the P.C. Act,. He was also charged, under Sections 13(2) r /w 13(1)(d) of the P.C. Act. 119 IPC nw 13(2) nw 13(l)(d) of the P.C. Act and 169 nw 109 IPC, A6 was charged under Section 120-B IPC nw 13(2) nw 13(l)(c) and (d) of the P.C. Act as well as for the offences under Sections 119 IPC nw 13(2) r/w 13(l)(d) of the P.C. Act and 13(2) r/w 13(1)(d) of the P.C. Act nw 109 IPC.