MR. S. GOVINDARAJAN (DIED) Vs. STATE

JUDGEMENT

(1.) The appellants herein are aggrieved by the judgment of the learned Principal Special Judge for CBI cases at Chennai, passed in C.C.No. 135/1997 on 18.03.2009, convicting and sentencing the first appellant/first accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10 lakhs for offence under Sec. 120B r/w Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act; the second appellant/second accused to undergo rigorous imprisonment for three years and to pay a fine of Rs. 10 lakhs for offence under Sec. 120B r/w Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act and the third appellant Mrs. Sathya Bama w/o Mr. Govindarajan/fourth accused to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 5 lakhs for offence under Sec. 120B r/w Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act. Since, Mr. Seshadri/third accused died pending trial, the charges were abated as against him by the trial Court. Further, since the appellants 1 to 3/accused 1, 2 & 4 were sentenced for offence under Sec. 120B r/w Sec. 13(2) r/w 13(1)(e) of Prevention of Corruption Act, no separate sentence was awarded by the trial Court in respect of other offence under Sec. 13(2) r/w Sec. 13(1)(e) of the Prevention of Corruption Act as against A.1 and A.2 and and in respect of offence under Sec. 109 r/w Sec. 13(2) r/w section 13(1)(e) of Prevention of Corruption Act, 1988 as against A.4.

(2.) Pending appeal, the first appellant died. Hence, his daughter Mrs. Shantha Sridharan has been brought as fourth appellant in this Criminal appeal, as his legal representative. The other two legal representatives viz., son and wife of Mr. Govindarajan were arrayed as accused and being appellants in this appeal, the same has been recorded by this Court vide its order in M.P. No. 1 of 2011 dated 23.03.2011.

(3.) The background of the case is that Mr. Govindarajan-first appellant (deceased) was the Assistant Secretary, Railway Recruitment Board, Southern Railway during the relevant time. Based on source information, his residential premises was searched by the Central Bureau of Investigation on 09.04.1990. Several incriminating documents were seized including cash of Rs. 1,80,230.00 and gold jewels. A case under Sec. 120B, 420 I.P.C., and Sec. 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 was registered under Crime No. 16/1990.