STATE OF MYSORE Vs. RAJANNA M J

JUDGEMENT

(1.) This is an appeal against the judgment of the Special Judge, Dharwar, in Special C. No. 6 of 1960 on his file convicting the appellant under S. 161 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act, 1947, and sentencing him to suffer simple imprisonment for six months under S. 161 of the Indian Penal Code and six months' simple imprisonment and a fine of Rs. 500 and in default of the payment of fine to suffer simple imprisonment for two months for the offence under S. 5(2) of the Prevention of Corruption Act, 1947, with a further direction that the substantive sentences of imprisonment awarded should run concurrently.

(2.) At the time this appeal came up for admission on 27 June, 1961 this Court found that the sentences awarded to the appellant by the learned Special Judge were less than the sentences prescribed under the statute and, therefore, a notice was ordered to be issued to the appellant to show cause as to why the sentence should not be enhanced in the event of the conviction being sustained. Accordingly a notice was issued to the appellant. Subsequently the respondent-State also filed an application for enhancement of the sentences and same has been registered as Criminal Revision Petition No. 433 of 1961. As the appeal and the criminal revision petition arise out of the same judgment they are heard together and are disposed of by this common judgment.

(3.) The charge against the appellant is that he demanded and accepted an illegal gratification of a sum Rs. 25 for issuing a medical certificate to P.W. 2, Marthawa Gowdar, from P.W. 1, G. A. Jahagirdar, while being a public servant and as such committed offences punishable under S. 161 of the Indian Penal Code and S. 5(2) of the Prevention of Corruption Act, 1947. The defence of the appellant was one of a denial. His case is that some of his subordinates bore ill-will towards him and they had all joined hands to unnecessarily involve him with the assistance of P.W. 1, Jahagirdar, and P.W. 2, Marthawa, and had enlisted the service of P.W. 18, Kallur, the inspector of police, and involved him in this case.