Pinaki Chandra Ghose, J. - (1.) Leave granted.
(2.) These appeals project a challenge to the judgment and order dated 11.5.2015 rendered by the High Court of Karnatka in the appeals preferred by the respondents herein, thereby acquitting them of the charge under Sections 120B and 109 of Indian Penal Code, 1860 (for short "IPC") read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (for short "1988 Act") as framed against them and also resultantly setting-aside the order of the Trial Court for confiscation of properties, both movable and immovable, of the concerned firms, as mentioned therein. In the meantime, after the conclusion of the arguments, the respondent No.1 expired and, thus in law, the appeals against her have abated. Nevertheless, in view of the gamut of the imputations and the frame-work of the charges as well as the nature of the evidence, oral and documentary, available on records, reference to her role and involvement, based thereon in collaboration with other respondents would have to be essentially examined. The respondents-accused would hereinafter be referred to as respondents/accused/A1/A2/A3/ A4, as the case may be, contingent on the context.
(3.) Charges were framed against A1 - former Chief Minister of the State of Tamil Nadu and the co-accused viz. A2, A3 and A4 (respondents herein), for commission of the alleged offences punishable under Section 13(1)(e) read with Section 13(2) of the 1988 Act and further under Section 120-B and Section 109 of IPC. It is the case of the prosecution that A1 (since deceased) was the Chief Minister of Tamil Nadu from 24th June, 1991 till 13th May, 1996. Prior to this, she was a member of the Rajya Sabha from April, 1984 till 27th January, 1989 and further she was a member of Tamil Nadu Legislative Assembly from 27th January, 1989 till 30th January, 1991. She also acted in the films during 1964-1972. Facts reveal that she was the daughter of late Smt. N.R. Sandhya, who also acted in films during 1960's. Smt. N.R. Sandhya died in the year 1971 and by virtue of her mother's Will dated 01.11.1971, A1 became the owner of the following properties viz., (i) Land and building at No.36, Poes Garden, Chennai-86; (ii) House at Plot No.36, Door No.8/3/1099 in Sri Nagar Officer's Colony at Hyderabad City; (iii) Lands totally measuring 10.20 acres in Sy.No.52 and Sy.No.50 of Jeedimetla village and Sy. No.93/1 of Pet Basheerabad Village in Metchal Taluk in Ranga Reddy Dist. of Andhra Pradesh with Grape Garden, Farm House and Servants quarters; (iv) Land in Sy.No.93/2 to the extent of 3.15 acres in Pet Basheerabad village in Andhra Pradesh; In addition to the above properties, A1 was also in possession of - (v) Agricultural land measuring 3.43 acres in Cheyyur Taluk now in Anna Dist. (as per Doc. No.4564/81, dt.16.12.1981 of SRO North Madras); (vi) An old Ambassador car and an old Contessa car; (vii) A new Maruti car bearing registration No.TMA-2466 worth Rs. 60,435/- and (viii) Company shares. Thus, the assets which were in the possession of A1 up to 1987 were found to be worth only Rs. 7.5 lakhs. Besides, she also claimed to have possessed balance in her bank accounts to the extent of Rs. 1 lakh and certain items of jewellery.;