BALAGOVINDARAJULU Vs. STATE REP

JUDGEMENT

(1.) The accused 1 to 6 in Special Calendar Case No.5/89 on the file of Additional Special Judge/I Additional Sessions Judge cum Chief Judicial Magistrate, Coimbatore were convicted and sentenced to undergo R.I for 3 years and to pay a fine of Rs.3,000/- each, in default to suffer R.I for 6 months for offence punishable under Sec.477-A IPC; to undergo R.I for 3 years and to pay a fine of Rs.3,000/- each, in default to suffer R.I for 6 months for offence punishable under Sec.420 IPC and to undergo R.I for 3 years and to pay a fine of Rs.3,250/-, in default to suffer R.I for 6 months for offence punishable with 5(2) read with 5(1)(d) of Prevention of Corruption Act, 1947. Though they were convicted for offences punishable under Sec.120-B read with Sec.477-A, 420 and 5(2)read with 5(1)(d) of Prevention of Corruption Act, no separate sentences were imposed for that offence. The sentences were ordered to run concurrently except the default sentence for non payment of fine which has to run consecutively. The 1st accused challenging the above conviction and the sentence has filed C.A.No.248/96; 2nd, 4th and 5th accused have filed C.A.No.255/96 and 3rd and 6th accused have filed 249/96. Since all the three appeals arise out of a single judgment, the following common judgment is pronounced on appeal. For convenience, the appellants will be referred to as accused 1 to 6 in the same order in which they were arrayed before the trial court. They were convicted on an allegation that A.1 to A.6 being public servants entered into a criminal conspiracy between May 1983 and April 1985 to cheat the TWAD Board by claiming amounts more than actually due for the execution of the work relating to the supply of Siruvani water to Bharathiar University and Maruthamalai Temple Adivaram in Coimbatore area by recording false measurement in the measurement book relating to those works and by abusing their position as public servants have obtained pecuniary advantage to the tune of Rs.55,846.82 for themselves and for the approvers T. Guruswami – P.W.14, P.Sivakaminathan – P.W.15. The brief facts required to dispose of the appeal are as follows:

(2.) The 1st accused was the Executive Engineer, TWAD Board, Siruvani Special Division – II, Coimbatore from 22.8.83 to 30.4.85; 2nd accused was then the Assistant Executive Engineer in Special Division III between 2.1.80 and 31.7.83 and in Special Division II from 31.7.83 to 21.2.85; 3rd accused was the Assistant Executive Engineer in Special Division – II from 1.10.1983 to 30.4.1985; 4th accused was the Junior Engineer in Special Division III from 1.2.82 to 31.7.83 and in Special Division II from 31.7.83 to 6.8.85; 5th accused was the Assistant Engineer in Division No.II from 6.10.82 to 5.6.84 and 6th accused was the Assistant Engineer in the same Division from 8.9.83 to 30.4.85. The TWAD Board resolved to approve Coimbatore Water Supply Augment Scheme with Siruvani as source, for extending water supply to Bharathiar University and Maruthamalai Temple Adivaram. Technical sanction was also accorded by Chief Engineer, Madras. The TWAD Board also granted approval for the same.

(3.) The above scheme was divided into two: 1) Laying, joining and testing of 250 mm class 10 AC pipes from common pump house to sump at Bharathiar University; 2) Laying, joining and testing of 100 mm dia mtr class 15 AC pipes from sump at Bharathiar University to Maruthamalai Temple Adivaram. Tenders were invited. The tender of P.W.14 Guruswami was approved and Ex.P.15 Work Order was awarded to him for the first work. The tender of P.W.15 Sivakaminathan was approved and Ex.P.8 work order was awarded to him for the second work. Besides these work orders, certain portions of both the works were covered under various written understandings Exs.P.23 to Ex.P.37.