POOMALAI Vs. STATE

JUDGEMENT

(1.) The appellant herein is the 4th accused in Spl.C.C.No.155 of 1991 on the file of the Special Judge-cum-Chief Judicial Magistrate, Salem. The trial Court has found him and other accused guilty of offences under Sections 120-B, 467, 466, 420 IPC and Section 5(2) r/w 5(1)9d) of Prevention of Corruption Act, 1947 r/w 109 IPC and 120-B (2 counts), 467 (2 counts), 465(2 counts), 466 (2 counts) and 420 (2 counts) respectively and sentenced him to undergo 1 year RI and imposed to pay a fine of Rs.1,000/- for each of the offences in default to under 2 months RI. The period of imprisonment is ordered to run concurrently and period of imprisonment already undergone is set off under Section 428(1) Cr.P.C.

(2.) Based on reliable information, the Vigilance and Anti-Corruption Detachment at Salem, has registered a complaint in Crime No.7/AC/88 under Sections 120-b, 420, 467, 468, 471, 477(A) IPC and Sections 5(2)(d) r/w 5(1)(d) of Prevention of Corruption Act, 1947 and Section 109 IPC against Varadarajulu, Tahsildar of Attur Taluk from 07.12.1981 to 05.09.1982, P.Chandran, Village Administrative Officer at Kondayampalli village from 13.06.1984 to 13.08.1987, U.R.Venkatachalam, Ex-Village Munsif, who is father of Gunasekaran and Gunasekaran, Village Administrative Officer of Kalrayan Hills from 30.04.1987 to 13.06.1987 and Poomalai, private person, who was working as Village Karnam in the Village Administrative Office.

(3.) According to the complaint, the above said persons entered into a criminal conspiracy to commit illegal act by illegal means and to cheat the Government of Tamil Nadu by fabricating the revenue records in respect of S.No.274, Kondayampalli village, Gangavalli Firka, Attur Taluk measuring 9.04 acres which is unassessed Government waste land. In pursuant to the said conspiracy, Varadarajulu had created false proceedings for allotment of patta in respect of the said land to Venkatachalam. In respect of the above said land, Chandran had manipulated the village accounts to assist Venkatachalam; and Gunasekaran and Poomalai had assisted Chandran in this regard by fabricating the documents as if patta was issued to A3 Venkatachalam.