LAWS(MAD)-2009-8-23

M SATHIYAMOORTHY Vs. STATE OF TAMIL NADU

Decided On August 21, 2009
M.SATHIYAMOORTHY, I.A.S. Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The First accused Selvi J. Jayalalitha, the then Chief Minister was acquitted of all the charges framed against her. Aggrieved by the judgment of acquittal, the State has preferred Criminal Appeal No. 498 of 2000 as against her. The second accused T.M. Selvaganapathy, the fourth accused H.M. Pandey, the fifth accused M. Sathiyamoorthy, the sixth accused N.Haribhaskar and the seventh accused K.Janardhanan were convicted for offence under Section 13(2) read with Section 13(l)(d)(ii) of the Prevention of Corruption Act (3 counts), (2 counts), (2 counts) (1 count) and (3 counts) respectively and were sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs. 10,000/- in default to undergo a further period of three months simple imprisonment for each count. The eighth accused Duraisamy and the ninth accused Muthukumarasamy were convicted for offence under Section 13(2) read with Section 13(l)(d)(ii) of the Prevention of Corruption Act and Section 109 of the Indian Penal Code and were sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs. 10,000/- in default to undergo a further period of three months simple imprisonment each. All the aforesaid accused viz., A2 and A4 to A9 have filed Criminal Appeal Nos. 452 to 458 of 2000.

(2.) The charges as against the late third accused V.R. Nedunchezhian were quashed. The tenth accused N. Sasikala and the eleventh accused S.R. Baskaran were acquitted of the charges framed against them. But, the State chose not to prefer any criminal appeal as against the order of acquittal recorded as against those accused.

(3.) As all these appeals have arisen out of the very same judgment in Special C.C. No. 15 of 1997, all these cases were taken up for common disposal.