LAWS(MAD)-2011-6-96

THANGAVELU Vs. STATE BY THE INSPECTOR OF POLICE

Decided On June 27, 2011
THANG]AVELU Appellant
V/S
STATE REP. BY THE INSPECTOR OF POLICE, CCB, COIMBATORE. CRIME NO.1 OF 1996 Respondents

JUDGEMENT

(1.) THE criminal revision has been filed against the judgment of conviction and sentence dated 13.05.2008, in C.A.No.398 of 2006, passed by the learned Additional District and Sessions Judge and Presiding Officer, Special Court for E.C. Act Cases, Coimbatore, whereby the appellant/1st accused found guilty for the offence under Section 420 I.P.C. and sentenced him to undergo two years rigourous imprisonment and imposed a fine of Rs.5,000/-, which was remitted by the accused, confirming the judgment of conviction and sentence dated 02.09.2006, in C.C.No.327 of 2002, on the file of the learned Judicial Magistrate No.1, Coimbatore.

(2.) THE skeleton of the prosecution is as follows:

(3.) REFUTING the same, the learned Government Advocate (Crl. side) submitted that nearly 59 witnesses were examined, out of which, 58 persons were given their money for securing job and they have been categorically deposed before the trial Court. A1 to A3 have stated that there is a proposal for giving job to the persons, whose lands have been acquired by the Agricultural University. From 06.09.1994, the revision petitioner/A1 has cheated the persons and received money from them as if the money would be given to Radhakrishnan/A3 for securing job either to the witnesses or to their children or to their relatives. P.W.1-Dharmalingam, P.W.8-Shanmuga sundaram and P.W.9-Arumugam are star witnesses, who approached the revision petitioner/first accused for securing job to the witnesses and they paid their amount to him. So ingredients of Sections 415 and 420 I.P.C. have been made out. Hence, he prayed for dismissal of the revision.