PRAKASH MADIWALAYYA MATHAPATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appel lant is the sole accused before the learned Special (Sessions Judge), Bagalkot (for short 'trial Court') in Special Case No. 83/2009. The trial Court vide its judgment dated 01.03.2011 convicted the appel lant for the offences 7 and 13(1)(d) r/w Sec. 13 (2) of the Prevention of Corruption Act, 1988 (for short 'P.C. Act') and sentenced him to undergo simple imprisonment for four years and to pay a fine of Rs.15,000/- with a default sentence of simple imprisonment for one year for the offence punishable u/S 7 of the P.C. Act and furter sentenced him to undergo simple imprisonment for five years and to pay a fine of Rs.15,000/- with a default sentence of simple imprisonment for one year for the offence punishable u/s 13(1)(d) punishable u/S 13(2) of the P.C. Act.

(2.) The above judgment of conviction and sentence is called before this Court on various grounds which I am going to discuss l ittle later.

(3.) During the pendency of the appeal, the original appel lant/ accused died. The legal representatives of the deceased appel lant f i led I.A. Nos.1 and 2/2019 seeking grant of special leave to prosecute the appeal. Vide orders dated 10.04.2019 this Court has al lowed I.A. Nos.1 and 2/2019, condoned delay of 85 days in fi l ing the special leave appl ication and also leave was granted to the legal representatives of the deceased appel lant to continue and prosecute the appeal.