SELVARAJU Vs. STATE

JUDGEMENT

(1.) THERE were totally seven accused, who originally faced the trial in Special C.C.No.1 of 1997. The 7th accused A.A.Joseph was acquitted of all the charges framed against him. Though evidence was recorded in common and arguments were also heard in common, the case against the second accused R.N.Jayaprakash was split up at the time when the judgment of conviction was recorded as against A1 E.Madhusudanan, A3 R.Narasimmalu, A4Selvaraju, A5 Aravind Kumar R. Shah and A6 P.Muthusamy and Special C.C.No,2 of 2000 was assigned but, later on the learned XI Additional Judge, having relied upon the very same evidence recorded earlier as against all the accused, recorded conviction as against A2 in Special C.C.No,2 of 2000.

(2.) THE first accused E.Madhusudanan was convicted for offence under section 120B read with 409 and 420 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs.5000/= in default to undergo three months rigorous imprisonment, convicted under section 409 read with section 109 of the Indian Penal Code and was sentenced to one year rigorous imprisonment and pay a fine of Rs.5000/= in default to undergo three months rigorous imprisonment, convicted for offence under section 420 read with section 109 of the Indian Penal Code and was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs.5000/= in default to undergo three months rigorous imprisonment and convicted under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and was sentenced to undergo two years rigorous imprisonment and pay a fine of Rs.5000/= in default to undergo six months rigorous imprisonment.

(3.) THE sixth accused was convicted under section 120(b) read with section 409, 420 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act and was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs.2500/= in default to undergo three months rigorous imprisonment, convicted under section 409 read with section 109 of the Indian Penal Code and was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs.2500/= in default to undergo three months rigorous imprisonment and convicted under section 420 of the Indian Penal Code and was sentenced to undergo one year rigorous imprisonment and pay a fine of Rs.2500/= in default to undergo three months rigorous imprisonment.