K S VARADARAJAN Vs. STATE

JUDGEMENT

(1.) These three appeals are directed against the Judgment of the Special Judge cum Chief Judicial Magistrate, Villupuram Division, Villupuram in Special case No.5 of 1999 dated 30.09.2005.

(2.) The brief facts of the prosecution is Special Officer Thiru S.Mohan, Thirukoilur Co-opertative Marketing Society in connivance and collusion of A1-K.S.Varadarajan, formerly Commissioner-in charge, Vikravandi Panchayat Union, A2-Puruchothaman, formerly Manager, Vikravandi Panchayat Union, A3-Sankaramurthy, formerly Manager, Vikravandi Panchayat Union, A4-Krishnamurthy, formerly Junior Assistant, Vikravandi Panchyat Union, A5-Gajalakshmi, M/s.Gajalakshmi steel Traders, Cuddalore, A6-Chakkaravarthy, Gajalakshmi Steel Traders, Cuddalore, to cause loss to the Government namely the Panchayat Union by violating the purchase procedure for procuring hand-pumps and spare parts for the Panchayat Union. In pursuant to such conspiracy they have purchased the goods from the third party namely one Gajalakshmi Steel Traders owned and managed by Gajalakshmi and Chakkaravarthy, made it appear as if they have purchased the goods from Thirukoilur Co-operative Marketing Society. It is the further case of the prosecution that invoice of goods for Rs.89,275/- from Thirukoilur Co-operative Marketing Society was obtained by these accused without any actual transaction between Vikravandi Panchayat Union and the Society. The actual worth of the goods purchased namely Rs.66,045.30/- was paid to the supplier one Gajalakshmi Steel Traders and the difference of price was inflated by the accused persons which was illegally share among them.

(3.) Therefore, according to the prosecution they have committed offences under Section 120(b) r/w 167, 477 (A), 420, 409 IPC and r/w 5(2) r/w 5(1) (c) and (d) of Prevention of Corruption Act 1947 and Section 190 of IPC. The Trial Court had framed ten charges against these accused and tried them. Pending trial, A5-Gajalakshmi died and the charges against her abated.