BAIL SLIP CA No's 989/99 1010/99 and 1045/99 The accused namely Venkatachalam (A2) A.P. Thangavelu (A1) and S.Ramasamy (A3) respectively were directed to be released on bail in and by the orders of this Court 1) dated 6.12.99 in Crl.M.P.10457/99 2) dated 16.12.99 in Crl.M.P.10690/99 and 3) dated 23.12.99 in Crl.M.P.No.10943/99 respectively. IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 20.04.2007 CORAM: THE HONOURABLE MR.JUSTICE A.C.ARUMUGAPERUMAL ADITYAN Crl.A.No.989, 1010 & 1045 of 1999 1.Venkatachalam .. Appellant in Crl.A.No.989/99/ Accused No.2 2.A.P.Thangavelu .. Appellant in Crl.A.No.1010/99/ Accused No.1 3.S.Ramaswamy .. Appellant in Crl.A.No.1045/99/ Accused No.3 vs. State rep by The Inspector of Police, Vigilence and Anti Corruption, Salem. .. Respondent in above three appeals (Cr.No.1/AC/82) Prayer: These appeal have been preferred against the judgment dated 18.11.1999, made in S.C.C.No.206 of 1986 on the file of the Special Judge and First Additional District Judge-cum-Chief Judicial Magistrate, Salem. For Appellant : Mr.A.K.Kumarasamy (in Crl.A.No.989/99) Mr.A.N.Thambidurai (in Cr.A.No.1010/99) Mr.V.Gopinath, Senior Counsel, for D.Shivakumaran (in Crl.A.No.1045/99) https://hcservices.ecourts.gov.in/hcservices/ For Respondent : Mr. V.R.Balasubramanian, APP, (in above three appeals) COMMON JUDGMENT The short facts of the prosecution case relevant for deciding these appeals are as follows:- There were originally 5 accused in S.C.C.No.206 of 1986. The charge against A1-Abdul Raheem was quashed by this Court as per its order in Crl.M.P.No.12604/86 dated 7.12.1990. A5- Veeraraghavan expired, hence charge abated against him. The remaining A2, A3, A4 were arrayed as A1, A2 & A3. A1-Thangavelu is a public servant as Public Works Supervisor in Mettur Township Committee, Mettur, between 8.10.1979 to 31.8.1980. A2- Venkatachalam is a bus conductor turned contractor. A3-Ramasamy is the store keeper of the Mettur Township Committee during the relevant point of time. According to the prosecution, between 8.10.1979 to 31.8.1980, A1 to A3 have conspired together in purchasing alum, (gofhuk; ) for cleaning drinking water supply to the public by the Mettur Township. A1 has called for tender for the supply of 15 tones of alum to the Mettur Township Committee through A2, who had supplied only 8 tones of alum instead of 15 tones. But A1 and A3 have made false entries in the records maintained by the Mettur Township Committee. Co-accused P.W.20- Santhanam, who was the electrician of the Mettur Township has turned as approver in this case. Hence, the accused have been charged under Section 477(A), 120(B) & 420 IPC and under Section 5 (2) & 5(1)(d) of Prevention of Corruption Act r/w 109 IPC. 2. The case was taken on file by the Special Judge and First additional District Judge-cum-Chief Judicial Magistrate, Selam and on appearance of the accused on summons, copies under Section 207 of Cr.P.C., were furnished to the accused and when charges were framed and questioned the accused pleaded not guilty. 3. Before the trial Court P.W.1 to P.W.27 were examined and Ex.P.1 to Ex.P.122 were marked. 4. P.W.1 is the complainant in this case. He is a social worker. He was in DMK political party previously and subsequently in the year 1980 he was in ADMK political party. According to him, he knows both A1 and A2. A1 was working as a Junior Engineer and A2 was working as a conductor in MKS but service. On 3.8.1980 at about 11.15 am he saw both A1 and A2 standing infront of the Indian bank near SLK lodge, Mettur, and shouting at each other and https://hcservices.ecourts.gov.in/hcservices/ since both A1 and A2 were known to him, P.W.1 intervened and pacified both of them. After A1 left with P.W.6.Pandurangan, he enquired A2 with a curiosity to know the cause for their fight. At that time he came to know that A2 was not working as conductor but was doing contract business in the name of Venkateswara Enterprises and that on 1.7.1980 on the basis of the tender received from Mettur Township for the supy of 15 tones of alum at the rate of Rs.1,950/- per tone and on an order to that effect was passed by then Administrative Officer of the township viz. Abdul Rahim (discharged accused) and in this regard when he met A1, Junior Engineer, and discussed with Abdul Rahim (deceased) and Abdul Rahim instructed him to tell only 8 tones of alum and not to deliver 15 tones as per the tender agreement and the value of remaining 7 tones alum shall be shared between A1 and deceased accused Abdul Rahim and the value of the balance of two tones shall be given to A2-Venkatachalam towards his share and in pursuance of the said agreement on 27.7.1980 A1 & A2 went to Madras in a bus and stayed in Surath lode at Govindapanayakan Street, Chennai and both A1 & A2 approached M/s.M.M.Kicha and Co., in the same street and requested to supply 8 tones of aloum at the rate of Rs.128/- per bag of 100 Kg 80 bags, but they should give bill at the rate of Rs.150 per bag and took delivery of 80 bags of alum after paying Rs.10,240/- as per bill NO.897 at the rate of Rs.150/- per bag and out of the sale proceeds A1 had taken Rs.1,600 towards his share from M/S.M.M.Kicha and C., and left for Mettur and on 28.7.1980 A2 had loaded 80 bags of alum in a lorry belonging to M.K.S. Service for transporting the same to Mettur and charged Rs.720/- as per the receipt No.044525 and reached Mettur on 29.7.1980 at about 12.00 noon and has also informed A1 that 15 tones of alum were transported to Mettur and 80 backs containing the alum were stored in the godown at Mettur and a cheque for Rs.31,707/- was issued by Abdul Rahim Administrative Officer of the Mettur Township on 2.8.1980 at 10.30 am in favour of A2. After receiving the cheque when A2 proceeded to Indian Bank in order to deposit the same in his account and A1 also followed him and quarrel with him. In this regard P.W.1 has obtained a statement from A2 and forwarded the same to the then Chief Minister on 20.8.1980 through MLA Mr.K.P.Nachimuthu along with his letter Ex.P.2. Ex.P.1 is the complaint preferred by P.W.1. According to P.W.1 along with Ex.P.1-complaint he has forwarded the statement of A2 to the Chief Minister. 5. P.W.2 is the then cashier of Indian Bank, Govindapannayakan Branch, during 1980 to 1982. According to hi, on 28.7.1980 Aw came to their bank in order to take demand draft in the name of M/s.M.M.Kicha & Co, Chennai, for a sum of Rs.12,000/-. Ex.P.3 is the application for the issuance of demand draft. According to him, M/s.M.M.Kicha and Co., was also having an account in their bank. On 28.7.1980 under Ex.P.4-cheque a some https://hcservices.ecourts.gov.in/hcservices/ of Rs.1,360/- was dispersed in favour of A2. 6. P.W.3 is the owner of Sampath and Co., dealing in hardware business. According to him, the Investigation Officer in this case had examined him by showing Ex.P.5 to Ex.P.7, but he would inform the Investigation Officer that Ex.P.5 to Ex.P.7 were not signed by him and the signature in those documents do not belong to him. 7. P.W.4 is a partner in M.K.S & Brothers Transport Company and the lorry bearing Registration NO. MRL 3686 belongs to his company and that A2 was working as a conductor in their company in the year 1980 and subsequently he had resigned his job and in the month of July 1980 A1 approached him for transporting 80 bags of alum from chennai to Mettur in his lorry and accordingly he also hired his lorry bearing registration No.3686 to A2 and hired charge were paid by him. Ex.P.8 is the GC note (Goods Consignment Note) and that the lorry hired charge of Rs.720/- was paid at Chennai by A2. 8. P.W.5 is an Assistant Administrative Engineer in the Tamilnadu Water and Drainage Board from 4.1.1977 to 5.7.1980. Ex.P.9 is the file relating to Mettur Township file No.10454/e2/79 and through the said file on 15.8.1980 steps were taken to procure 15 tones of alum for Mettur Township through tender. Only on the recommendation of A1-Thangavelu and P.W.20-Santhanam (electrician of the township) tenders were called for through publication in a vernacular daily on 18.10.1979. Since there was not response, once again on 23.11.1979 again an similar publication was made calling for tenders in the same vernacular daily and that he has made an endorsement at page 19 in the file Ex.P.9 that a similar publication can be made in the Hindu Daily and on 29.1.1980 four price list were called for and since no one has comeforward to make deposit, the above said four price list were cancelled. For the forth time as per the entries at page 62 in Ex.P.9 tender was called for through Tamil Daily dated 31.3.1980 and on 31.3.1980 the concerned assistant in the section gave two price list one belongs to Postal Chemical Limited and another belongs to Venkateswara Enterprises and he (P.w.5) has initialed in both price list and gave to the section. The price list furnished by Venkateswara Enterprises was not available in the file but the price list filed by the Postal Chemical Limited alone was available and the price list in which he has initialed is not available in the file, but the price list furnished by Venkateswara Enterprises without his signature is available at page 89 of Ex.P.9 and that he was examined by the Vigilance and Ante Corruption Inspector in connection with Ex.P.9. 9. P./w.6 is he former Works Inspector of Mettur township https://hcservices.ecourts.gov.in/hcservices/ Committee and at that time A1-Thangavelu was working as a Junior Engineer of Mettur Township under whom he (P.w.6) was working. He also know A2-Vengadachalam as a conductor of M.K.S. Bus and he had seen A2 frequently visiting A1 and both A1 & A2 were in cordial terms. On 2.8.1980 at about 11.30 am he went to Indian Bank along with A1 and at that time he asked him (P.W.6) to verify whether A2 had encashed the cheque and accordingly he verified with A2 whether he had encashed the cheque but A1 had replied in the negative and accordingly he had passed on the said information to A1, which resulted in a scuffle between A1 & A2. Immediately he returned to his office. 10. P.W.7 is a cleaner in the Mettur Township Water Scheme Cleaning office, wherein A1 was working has a JE and A2 was working as a conductor in MKS Bus. A3 & A4 were also working in the Mettur Township as a clerk and electrician respectively. One Marappan was also working along with him (P.W.7) as a cleaner in the same office. One day in July 1980 at about 12.00 noon in the said cleaning office he, the said Marappan and A4 were present there came a telephone call, which was responded by A4 to whom A2 had passed on a massage that he had brought one load full of alum and he same to be unloaded at the godown. A2 came to the office and enquired about P.W.20-Santhanam (approver) and thereafter A2 had passed on the above said information to A4. Thereupon P.W.2- Santhanam brought to key for the godown and he (P.w.7) was also standing by the side of him. 80 bags of alum were unloaded from the lorry at the godown. A2 has informed that another load will be arriving soon. But no other load arrived as told by A2. P.W.7 would depose that they use to dissolve alum in the water let out from the Mettur dam in order to purify the said water and every day about 50 to 60 kgs of alum will be dissolved for the said purpose in the water and that he along with Marappan used to dissolve the said alum in the water for the purpose of cleaning the water. Ex.P.10 is the register maintained for the purpose of recording the quantity of alum received and expended. In Ex.P.10 at page 76 the details of expense of alum is being stated. Ex.P.11 is page 77 in Ex.P.10. Even though there is an entry at page 76 to the effect that during the month of August daily 250 kgs of alum was stated to be dissolved in the water but that is not the correct statement. He would categorically state that usually if alum bags were received they will be unloaded and stored only in godown at the office but this time the load was unloaded at the godown at water purifying station. 11. P.W.8 was the Manager of Indian Bank, Mettur dam branch during 1981 to 1985. Ex.P.12 is the letter handed over by him to the Investigation Officer in this case. From the records he could find that the cheque bearing No.861112 dated 2.8.1980 was drawn in favour of Thiru Venkateswara Enterprises by Mettur Township for a https://hcservices.ecourts.gov.in/hcservices/ sum of Rs.31,707/- and that the said amount was entered to the credit of the Venkateswara Enterprises. The cheque bearing No.004977 dated 4.8.1980 for Rs.31,000/- was drawn by Venkateswara Enterprises in favour of one Dharmalingam. 12. P.w.9 is the resident of Mettur. He is running a tea stall as well as indulging in contract work. During 1980 he had taken contract in the Mettur Township and that the knows A2- Vengadachalam, who used to visit his office very often and he (A2) was the person who was supplying necessary articles to Mettur Township. During 1980 A2 gave a cheque and requested him to encash the same in Indian bank. The said cheque was for Rs.30,000/-. Accordingly he encashed the cheque and handed over Rs.30,000/- to A2. Since A2 & A1 were at logger heads, A2 had asked him (P.w.9) to encash the said cheque. 13. P.W.10 is the Deputy Commissioner of Commercial tax office at Chennai. During 1983 he was working as an Assistant Commercial tax officer, Salem and on 16.11.1983 as per the request made by the Inspector of Police, Vigilance and Ante Corruption, he went to the office of the Vigilance and Ante Corruption, Salem, wherein the specimen signatures of the accused Thangavellur was obtained in three papers in his as well as in the presence of Thiru Santhasivam, a junior engineer of Tamilnadu Electricity Board. The above said 3 specimen signatures are Ex.P.13 (series). The specimen signatures obtained in 3 separate sheets are Ex.P.14 (series). At that time of collecting the sample signatures from A1 he was working at Thiruvannamalai. 14. P.w.11 is the Deputy Commercial Tax Officer, Dharmapuri. During 1980, he was working as Check Post officer at check post Iyothiyapattinam and along with him four other persons were working. On 29.7.1980 he was on duty from 8.00 am to 8.00 pm. Ex.P.15 is the check post memo register. As per the entry in Ex.P.15 for the date 29.7.1980 at Sl.No.100 at page 29 the lorry bearing No. MRL 3686 had crossed the check post at 8.07 am. The said lorry was proceeding to Mettur from Chennai and it was driven by driver Arumugam. Ex.P.16 is the relevant entry at page 29 in Ex.P.15. He had collected the bill sent along with the lorry to Deputy Commercial Tax Office, Omalur. 15. P.W.12 was conducting an enterprises by Jaichanran Enterprises, at Mettur during 1978 to 1986, which was dealing with sulphuric Acid. He was examined by the Investigation Officer in this case. The Investigation Officer had shown Ex.P.17 invoice 33A dated 26.7.1980 issued by Jaichandran Enterprises, wherein it has been stated that 7 tones of alum was said to be sold. He would depose that Ex.P.7 does not belong to his firm and that his firm is not indulged in the sale of alum but they are concerned https://hcservices.ecourts.gov.in/hcservices/ with the sale of sulfuric acid only. He would admit that Ex.P.18 dated 13.9.1985 and Ex.P.19 dated 25.9.1985 were given by him, but does not remember to whom he has handed over Ex.P.18 & 19, but he immediately would say that he gave them to Venkateswara Enterprises. 16. P.W.13 is the lab chemist of Chemical & Industrial Corporation during 1963 at Mettur and that there is a water treatment plant at Mettur and the water will be treated in their laboratory. If the water was found impure then he will give report to that effect. To clean one liter of water 10 to 24 mg of alum will be dissolved in the water. For an ordinary water 30 mg of alum will be mixed in one liter water for the purpose of cleaning the same. 17. P.w.14 was the cleaner, who was working under Santhanam (P.w.20) at Mettur Township Water Works. On 27.9.1980 he was working in night shift and he came to the office at 9.00 pm and left the office at 6.00 am on the following day. He saw about 80 bags of alum in the godown at Water Works. He was informed that those 80 bags were unloaded and kept their in the godown by Santhanam-P.W.20. He would depose that usually the alum bags will be unloaded and kept only in the store room but this time 80 bags were kept in the godown of water works. He would categorically say that during the remaining period of the yer apart from those 80 bags of alum no other bags containing alum was delivered and that during July and August depending on the intencity of the impurity of the water daily 50 to 80 kg of alum will the dissolved in the water by him. He would in definite terms say that he had not dissolved exceeding 80 kgs of alum per day preceding two months and that at no point of time he had dissolved neither 200 nor 240 kgs of alum in the water. 18. P.W.15 was the clerk of Mettur Township during 1980. He would say that A1-Thangavelu was working as junior engineer and at that time A3 was working as junior assistant in Mettur Township during 1980 and that the Investigation Officer had enquired him by showing Ex.P.20 relating to the file 5873/e2/80 and in it at page 135 dispatch seal has been affixed but it does not contain his signature. Ex.P.21 is page 135 in Ex.P.20. Likewise in page 143, 149, 155 also dispatch seal was found but it does not contain his initials. Page 143 is Ex.P.22, page 149 is Ex.P.23 and page 155 is Ex.P.24. According to him, Ex.P.21 to Ex.P.24 entries were made by A3-Ramasamy. Ex.P.25 is the maffesal tabal dispatch register. He would say that he joined duty on 15.7.1980 but on the said ate Ex.P.21 to Ex.P.24 were not dispatched. 19. P.W.16 has not supported the case of the prosecution. Hence he was treated as hostile witness. https://hcservices.ecourts.gov.in/hcservices/ 20. P.W.17 was the Filter Bed Operator of water purifying station at Nangavalli durin 1965 to 1987. He would said that daily from salem about 55 lakhs galan water was distributed and there are six filter bed in the said station. Basing on the percentage of turbidity of the water maximum 150 kgs of alum per day will be dissolved during July and August of 1980. According to hi, Nangavalli Water Purifying Station is six times bigger than that of the purifying station at Mettur. To ascertain the turbidity of the water, they use to conduct test by using turbidity silver rod PW 35 and then proportionately dissolve the alum in the water to purify the same. If more alum was dissolved in ordinary water where this is no much turbidity then the water became useless for drinking purpose. 21. P.W.18 is the then VAO of Azhagapuram village. On 19.3.1983 he went to Vigilance and Ante Corruption Department, as per the request made by the Inspector of Police. At the time when he reaches the said office A2 was found available there. Ex.P.26 (series) are the specimen signatures of A2 which were obtained in his as well as one Sathasivam's presence. The specimen signatures of A2 were also obtained in 3 separate sheets. 22. P.W.19 is the then junior assistant in Deputy Commercial Tax office at Omalur. During 1980 to 1984 he was working as a Personal Assistant to the Deputy Commercial Officer at Omalur. As on 25.4.19980 Sri Venkateswara Enterprises was issued with a licence for selling aluminiam sulphate and electrical appliances as per the registered certificate No.788734. Ex.P.28 is the connected file. The said licence was received by A2 on 29.4.1980. A2 is the proprietor of Sri Venkateswara Enterprises and he has obtained licence for selling his goods at Mettur dam. The said licence was renewed upto 31.3.1982. 23. P.W.20 is the electrician of Mettur Township water purifying and drinking water pumping station for the past 20 years and he had retired from service on 13.6.1986. He knows all the accused. His duty was to clean the filter daily, dissolving the alum in the water and to note down the storage of the water and to enter the quantity of alum spent every day in the account register. According to hi, he was doing the said job along with A4-Veeraragavan (deceased) and that there were two shifts one from 7.00 am to 3.00 pm and another one from 7.00 pm to 3.00 am and that he as well as Veeraragavan (deceased) were doing the said work in turns. During 1979 to 1980 A1-Thangavellu was the inchargge of the post of supervisor and as per his instructions the indane for alum was placed by him (P.W.20). A3-Ramasamy was the store keeper. A2 was working as a bus conductor. On 13.8.1979 10 tones of alum was kept in stock and under Ex.P.29 he had given https://hcservices.ecourts.gov.in/hcservices/ a certificate to the effect that there is need for further requirement of alum as instructed by A1-Thangavellu (Ex.P.29 is in Ex.P.9 file). But no further quantity of alum was supplied. On 20.6.1980 apprehending more quantity of water will arive at Kavery river and there may be more requirement for alum, he had written Ex.P.30-letter stating that 15 tones of alum are required more as instructed by A1-Thangavellu. But no further supply of alum was received. Hence, again on 11.7.19980 as per the instructions of A1-Thangavellu he wrote another statement under Ex.P.31 stating that more quantity of alum was required (Ex.P.31 is in Ex.P.20 file). During the end of the month of July he was in his house at 12.00 noon a person informed him that he was required by the supervisor, immediately he went to the office and met the supervisor A1-Thangavellu, who had informed him that alum has arrived and requested him to unload the bags of alum at water works godown. When h (P.W.20) asked him why he directs him to unload the alum at the godown of the water works contrary to the normal procedure of unloading the alums at the office godown. For that, A1-Thangavellu had adviced him to do the work without raising unnecessary questions. So immediately he went the godown at water works where he saw the A4-Veeraragavan at day duty and also saw the MKS lorry and A2-Venkatachallam who came in the said lorry. A2-Venkatachalam had informed him hat he is supplying the alum to the township and he had brought 80 bags of alum in the said lorry and with the help of the other employees he unloaded 80 bags of alum at the water works godown in the presence of P.W.7- Thomas and one Marrappan. A2 has informed that another load of alum will arrive very soon but the second load never arrived. Immediately he came to the office and informed A3-Ramasamy that 80 bags of alum were stored in the godown. Thereafter he went to his house and took his lunch and returned to office at about 3.00 pm and informed A1 about the arrival of 80 bags of alum which is equivalent to 8 tones. A1 chided why he has informed about the arrival of alum to A3-Ramasamy thereby exceeding his limit. Thereupon he had obtained an indane for the daily use of the alum. A1 had inforemd him to maintain the account in a way to show that a larger requirement of alum