LAWS(SC)-2023-9-55

P. SARANGAPANI Vs. STATE OF ANDHRA PRADESH

Decided On September 21, 2023
P. Sarangapani Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The original appellant P. Sarangapani son of Laxmaiah (accused no.1) having expired pending the present Appeal, his wife Paka Saroja was permitted to proceed further with the Appeal as per the order passed by the court on 31/8/2023.

(2.) The instant Appeal is directed against the judgment and order dtd. 21/3/2011 passed by the High Court of Andhra Pradesh at Hyderabad in Criminal Appeal No.54 of 2005, whereby the High Court had dismissed the Appeal filed by the appellant-accused no.1 and confirmed the judgment and order dtd. 6/1/2005 passed by the Principal Special Judge for SPE and ACB Cases-cum-IV Additional Chief Judge City Civil Court Hyderabad (hereinafter referred to as the Trial Court) in CC No.08 of 1994. The Trial Court had convicted the appellant accused no.1 P.Sarangapani for the offences under Sec. 7 and Sec. 13(1)(d)r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, the PC Act) and sentenced him to imprisonment for one year and pay a fine of Rs.1,000.00 in default, to suffer Simple Imprisonment for three months for the offence under Sec. 7 and to suffer Rigorous Imprisonment for two years and pay a fine of Rs.2,000.00 in default, to suffer Simple Imprisonment for six months for the offence under Sec. 13(1)(d)r/w 13(2) of the P.C. Act.

(3.) The chargesheet for the alleged offences was laid by the Investigating Officer, Deputy Superintendent of Police Shri P.L. Raju, Anti-Corruption Bureau, Warangal Range, Warangal against the appellant accused no.1 P.Sarangapani and one another accused P.Vasudev son of Mallaiah. The said accused P.Vasudev having expired pending trial, the appellant accused alone was tried by the Trial Court. The defacto-complainant Sri Immadi Laxmaiah also had expired prior to commencement of the trial and therefore he could not be examined by the prosecution.