26 February 2012

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FIR registered against former CM B S Yeddyurappa and his daughter S Y Arunadevi in illegal allotment of land

FIR registered against former CM B S Yeddyurappa and his daughter S Y Arunadevi in illegal allotment of land

Advocate B Vinod Filed a private complaint in the court.

After that Judge ordered to investigate the case.

The court had directed the Lokayukta police to probe the case under Prevention of Corruption Act and submit a report by March 14.


Saturday
The Lokayukta police filed a first information report (FIR) against eight persons, including former chief minister B S Yeddyurappa and his daughter S Y Arunadevi, in connection with illegal allotment of sites under working journalists’ quota.

An FIR was filed under
Sections 13(1) (d) and 13(2) of the Prevention of Corruption Act and Sections 120 (b) and 420 of the Indian Penal Code.

Land Scam how happened?
former CM B S Yeddyurappa is accused of writing a letter to then KHB Commissioner Dyaberi recommending the allotment of four ‘G’ category sites to
Shivashankar, Krishna, Sandesh Gowda and Manjunath despite being aware of the fact that none of the four beneficiaries was a journalist, during his tenure as deputy chief minister in 2007.

Shivashankar, Krishna, Sandesh Gowda and Manjunath all 4 worked in an Institution run by Arunadevi the daughter of CM.

On March 31, 2010 - Arunadevi is accused of getting 4 sites registered in her name violating norms.

Know the Sections under which FIR is filed.

Section 13(1)(d) in The Prevention Of Corruption Act, 1988
(d) if he,--

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public, interest; or

Section 13(2) in The Prevention Of Corruption Act, 1988
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.

Section 120B. Punishment of criminal conspiracy -
1120B. Punishment of criminal conspiracy.—(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express
provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.

(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.

CLASSIFICATION OF OFFENCE

Para I
Punishment—Same as for abetment of the offence which is the object of the conspiracy—According as the offence which is the object of conspiracy is cognizable or non-cognizable—According as offence which is object of conspiracy is bailable or non-bail­able—Triable by court by which abetment of the offence which is the object of conspiracy is triable—Non-compoundable.

Para II –
Punishment—Imprisonment for six months or fine, or both—non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Comments
Common intention

(i) Before a person can be convicted with the aid of section 34 IPC, the ingredients that are required to be satisfied are that he along with others committed a criminal act and act was done in furtherance of common intention; Chandra Kant v. State of Madhya Pradesh, AIR 1999 SC 1557.

(ii) The offence under section 120B is an agreement between the parties to do a particular act. Association or relation to lead a conspiracy is not enough to establish the intention to kill the deceased; Sanjiv Kumar v. State of Himachal Pradesh, AIR 1999 SC 782: 1999 (1) JT 716.

(iii) To bring home the charge of conspiracy within the ambit of section 120B it is necessary to establish that there was an agreement between the parties for doing an unlawful Act. It is difficult to establish conspiracy by direct evidence; Vijayan v. State of Kerala, 1999 (3) SCC 54: AIR 1999 SC 1086.

IPC –
Section 420. Cheating and dishonestly inducing delivery of property

Whoever cheats and thereby dishonestly induces the person deceived any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Cognizable—Non-bail­able—Triable by Magistrate of the first class—Compoundable by the person cheated with the permission of the court.

Comments

Ingredients

(i) Even if the allegation made in the complaint are accepted to be true and correct, the appellants cannot be said to have committed any offence of cheating. Since the appellants were not in picture at all the time when the complainant alleges to have spent money in improving the bottling plant, neither any guilty intention can be attributed to them nor there can possibly be any intention on their part to deceive complainant; Ajay Mitra v. State of Madhya Pradesh, AIR 2003 SC 1069.

(ii) The offence of cheating is established when the accused thereby induced that person to deliver any property or to do or to omit to do something which he would otherwise not have done or omitted; Mahadeo Prasad v. State of Bengal, AIR 1954 SC 724.

Reality views by sm –

Sunday, February 26, 2012

Tags - FIR CM B S Yeddyurappa daughter S Y Arunadevi land scam


8 comments:

cookingvarieties February 26, 2012  

hi sm, have a nice day. that's the tendency for people who are in power.. somehow, temptation to money is always strong and irresistable...money is never enough.. until they got caught ha ha

Rakesh Kumar February 26, 2012  

Misdeeds of big people are amazing.
Nice informative post,SM.

Please,find time to visit m blog.

sm February 26, 2012  

cookingvarieties, thanks.
Rakesh Kumar,thanks. i will visit your blog.thanks.

Coral Crue February 26, 2012  

Yeddy Teddy everywhere. big fraud.

deb February 26, 2012  

that's quite an informative post. but we ll see such things happening in future and things will be brushed under the carpet eventually.

p.s. - thanx for visiting my blog :)

Joseph Pulikotil February 26, 2012  

Politicians are the biggest crooks in this country. They are looting the country left,right and centre and get away with it. No court punishes them. Cases registered against them will never be adjudicated. It will drag on for years and years and I am yet to see any politician being punished for their serious offenses including bribery, corruption, murder,rape. They always escape due to their money power, clout and destroying evidence. Cases against Modi and Jayalalitha are going on for years and once again Jayalalitha has become chief minister and now it is even said that Modi will become the prime minister of this country.

It is very sad that India is going in the wrong direction and the rich,powerful guilty people have one set of law and the poor man on the streets has another law.

Very interesting and informative post but I think the minister concerned and his daughter will escape punishment.

Best wishes,
Joseph

Team G Square February 27, 2012  

Guilty should be punished .....

SM March 11, 2012  

Coral Crue, thanks.
deb,thanks.
Joseph Pulikotil,thanks.
Team G Square,thanks.