Jayalalithaa Verdict

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    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 11TH DAY OF MAY, 2015

    BEFORE

    THE HON’BLE MR.JUSTICE C.R.KUMARASWAMY

    CRIMINAL APPEAL NO.835 OF 2014

    C/W CRIMINAL APPEAL NO.836 OF 2014

    CRIMINAL APPEAL NO.837 OF 2014 CRIMINAL APPEAL NO.838 OF 2014

    CRIMINAL APPEAL NO.17 OF 2015 CRIMINAL APPEAL NO.18 OF 2015

    CRIMINAL APPEAL NO.19 OF 2015

    CRIMINAL APPEAL NO.20 OF 2015 CRIMINAL APPEAL NO.21 OF 2015

    CRIMINAL APPEAL NO.22 OF 2015 

    BETWEEN:

    IN CRL. A. NO.835/2014

    SELVI J. JAYALALITHA D/O THIRU LATE JAYARAM AGED 66 YEARS R/O VEDHA NILAYAM 36, POES GARDEN CHENNAI-600 086. ... APPELLANT

    (BY SRI. L. NAGESHWARA RAO, SENIOR COUNSEL A/W SRI. HARIKUMAR G. NAIR AND SRI. GAUTAM BHARADWAJ, ADVOCATES FOR SRI. B. KUMAR, SENIOR COUNSEL FOR SRI. S. SENTHIL AND SRI. K.C. PANEERSELVAM, ADVOCATES)

    IN CRL.A. NO.836/2014

    N. SASIKALA NATARAJAN W/O THIRU M. NATARAJAN AGED 60 YEARS

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    18, 3RD CROSS EAST ABHIRAMAPURAM CHENNAI- 600 018 …APPELLANT

    (BY SRI. R. BASANT, SENIOR COUNSEL FOR SRI. C. MANISHANKAR, ADVOCATE)

    IN CRL. A. NO.837/2014

    V. N. SUDHAKARAN S/O Tr. T.T.VIVEKANANDAN OCC: NIL, NOW R/O No.66 HABIBULLAH ROAD, T. NAGAR CHENNAI- 600 017 …APPELLANT

    (BY SRI. T. SUDANTIIRAM, SENIOR COUNSEL FOR SRI. R. ANBUKARASU AND SRI. MURTHY RAO, ADVOCATES)

    IN CRL. A. NO.838/2014

    TMT. J. ELAVARASI W/O LATE Tr. N. JAYARAMAN OCC: NIL, R/O No.31 MANNAI NAGAR, MANNARGUDI A.T.PANNERSELVAM DISTRICT

    PIN- 613 001 …APPELLANT

    (BY SRI. T. SUDANTIRAM, SENIOR COUNSEL FOR SRI. A. ASOKAN, ADVOCATE)

    AND:

    STATE, BY THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION SPECIAL INVESTIGATION CELL CHENNAI-600 006. …COMMON RESPONDENT

    (BY SRI. B.V. ACHARYA, SPECIAL PUBLIC PROSECUTOR, SRI. SANDESH J CHOUTA, ADVOCATE, APPOINTED TO ASSIST SPL.PP VIDE NOTIFICATION NO.LAW 01 LCE 2015, DATED 28.04.2015 ISSUED BY THE GOVERNMENT OF

    KARNATAKA)

    CRL. A. NO.835/2014 IS FILED UNDER SECTION 374 (2) OF CODE OF CRIMINAL PROCEDURE BY THE ADVOCATE FOR THE APPELLANT/ACCUSED NO.1 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET

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    ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE BOTH DATED: 27.09.2014 PASSED BY THE 36TH  ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (SPECIAL COURT FOR TRIAL OF CRIMINAL CASES AGAINST KUM. JAYALALITHA AND OTHERS) AT BANGALORE IN SPL.C.C.NO.208/2004 – CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE PUNISHABLE UNDER SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.1 IS SENTENCED TO UNDERGO

    SIMPLE IMPRISONMENT FOR A PERIOD OF FOUR YEARS, AND TO PAY A FINE OF RS.100 CRORES. IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE YEAR – FOR THE OFFENCE PUNISHABLE UNDER SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.1 IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND TO PAY A FINE OF RS. 1 LAKH, IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE MONTH – FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT.

    CRL.A. NO. 836/2014 IS FILED UNDER SECTION 374 (2) OF CODE OF CRIMINAL PROCEDURE BY THE ADVOCATE FOR THE APPELLANT/ACCUSED NO.2 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION DATED: 27.09.2014 PASSED BY THE 36TH  ADDITIONAL

    CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR TRIAL OF CRIMINAL CASES AGAINST KUM.JAYALALITHA AND OTHERS) AT BANGALORE IN SPL.C.C.NO.208/2004 – CONVICTING THE APPELLANT/ACCUSED NO.2 FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT, 1988 AND UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE

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    APPELLANT/ACCUSED NO.2 IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF FOUR YEARS, AND TO PAY A FINE OF RS.10 CRORES. IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMRPISONMENT FOR ONE YEAR -FOR THE OFFENCE PUNISHABLE UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.2 IS SENTENCED TO UNDERGO SIMPLE IMRISONMENT FOR A PERIOD OF SIX MONTHS AND TO PAY A FINE OF RS.10,000/- . IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE MONTH – FOR THE OFFENCE PUNISHABLE UNDER

    SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT.

    CRL. A. NO.837/2014 IS FILED UNDER SECTION 374 (2) OF CODE OF CRIMINAL PROCEDURE BY THE ADVOCATE FOR THE APPELLANT/ACCUSED NO.3 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE BOTH DATED: 27.09.2014 PASSED BY THE 36TH  ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR TRIAL OF CRIMINAL CASES AGAINST KUM. JAYALALITHA AND OTHERS) AT BANGALORE IN SPL.C.C.NO.208/2004 – CONVICTING THE APPELLANT/ACCUSED NO.3 FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13 (1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT, 1988 AND UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.3 IS SENTENCED TO UNDERGO

    SIMPLE IMPRISONMENT FOR A PERIOD OF FOUR YEARS, AND TO PAY A FINE OF RS.10 CRORES. IN DEFAULT TO PAY THE FINE AMOUNT, HE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE YEAR – FOR THE OFFENCE PUNISHABLE UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.3 IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND TO PAY A FINE OF RS.10,000/-. IN DEFAULT TO PAY THE FINE AMOUNT, HE

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    SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE MONTH – FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT.

    CRL.A. NO.838/2014 IS FILED UNDER SECTION 374 (2) OF CODE OF CRIMINAL PROCEDURE BY THE ADVOCATE FOR THE APPELLANT/ACCUSED NO.4 PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER OF CONVICTION AND SENTENCE BOTH DATED: 27.09.2014 PASSED BY THE 36TH  ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (SPECIAL COURT FOR TRIAL OF CRIMINAL CASES AGAINST KUM.

    JAYALALITHA AND OTHERS) AT BANGALORE IN SPL.C.C.NO.208/2004 – CONVICTING THE APPELLANT/ACCUSED NO.4 FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(1)(e) READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.4 IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF FOUR YEARS, AND TO PAY A FINE OF RS.10 CRORES. IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE YEAR – FOR THE OFFENCE PUNISHABLE UNDER SECTION 109 OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT AND THE APPELLANT/ACCUSED NO.4 IS SENTENCED TO UNDERGO SIMPLE IMPRISONMENT FOR A PERIOD OF SIX MONTHS AND TO PAY A FINE OF RS.10,000/-. IN DEFAULT TO PAY THE FINE AMOUNT, SHE SHALL UNDERGO FURTHER IMPRISONMENT FOR ONE

    MONTH- FOR THE OFFENCE PUNISHABLE UNDER SECTION 120-B OF INDIAN PENAL CODE READ WITH SECTION 13(2) OF PREVENTION OF CORRUPTION ACT.

    IN CRL.A.NO.17/2015

    BETWEEN: 

    INDO DOHA CHEMICALS AND PHARMACEUTICALS LTD.,

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    REPRESENTED BY ITS DIRECTOR MR. V. R. KULOTHUNGAN HAVING ITS REGISTERED OFFICE AT NO.3, 3RD STREET, SUBRAMAIYA NAGAR MOOVASANPET CHENNAI – 600 091 …APPELLANT

    (SRI.UDAYA HOLLA, SENIOR COUNSEL FOR SRI. S.N.D KULASHEKARA, ADVOCATE FOR SRI. K. SRIHARI, ADVOCATE)

    IN CRL.A.NO.18/2015

    SIGNORA BUSINESS ENTERPRISES (P) LTD., REPRESENTED BY ITS DIRECTOR K.KUMARAVELAN SON OF V.KALIAMURTHY AGED ABOUT 35 YEARS HAVING ITS REGISTERED OFFICE AT No.14-B, 40TH STREET NANGANALLUR, CHENNAI …APPELLANT

    (SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. S.N.D. KULASHEKARA, ADVOCATE FOR

    SRI. K. SHRIHARI, ADVOCATE)

    IN CRL.A.NO.19/2015

    RAMRAJ AGRO MILLS LTD., REPRESENTED BY ITS DIRECTOR Mr. V. R. KULOTHUNGAN HAVING ITS REGISTERED OFFICE AT No.2 WELLINGTON PLAZA, NO.90 ANNA SALAI CHENNAI – 600 002 …APPELLANT

    (SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. S.N.D. KULASHEKARA, ADVOCATE FOR SRI. K. SRIHARI, ADVOCATE)

    IN CRL.A.NO.20/2015

    M/S . LEX PROPERTY DEVELOPMENT (P) LTD., REPRESENTED BY ITS DIRECTOR V. S. SIVAKUMAR

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    SHOP NO.21, WELLINGTON PLAZA 10, ANNA SALAI CHENNAI – 600 002 …APPELLANT

    (SRI. UDAYA HOLLA, SENIOR COUNSEL FOR SRI. S.N.D. KULASHEKARA, ADVOCATE FOR SRI. K. SRIHARI, ADVOCATE)

    IN CRL.A.NO.21/2015

    M/S. MEADOW AGRO FARMS (PRIVATE) LTD.,