VENKATESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment dated 28.7.2011 passed by the Sessions Judge and Special Judge, Yadgiri in Spl.Case No.01/2010, convicting appellant No.1 -Venkatesh (accused No.2) of the offences under Section 7 and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 ['PC Act' for short] and sentencing him to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs.20,000/ - in default of fine to undergo simple imprisonment for a period of one year for the offence under Section 7 of PC Act and further sentencing him to undergo R.I for a period of 7 years and to pay fine of Rs. 20,000/ - in default to undergo S.I for one year for the offence under Section 13(1)(d) read with13(2) of the PC Act and further convicting appellant No.2 (accused No.3) of the offences under Sections 7 and 13(1)(d) r/w 13(2) of the PC Act and sentencing him to undergo rigorous imprisonment for a period of 5 years and to pay fine of Rs. 20,000/ - in default of fine to undergo simple imprisonment for a period of one year for the offence under Section 7 of PC Act and further sentencing him to undergo R.I for 7 years and to pay fine of Rs. 20,000/ - in default to undergo S.I for one year for the offence under Section 13(1)(d) r/w Section 13(2) of the PC Act.

(2.) IT is the case of the prosecution that accused No.1 -Pandurang (now deceased) was the Social Welfare Officer in the office of Taluka Social Welfare Office, Yadgiri and accused No.2 -Venkatesh was the Superintendent in the said office, accused No.3 -Zakeer Hussain was the First Division Assistant in the office of Social Welfare Office, Yadgiri. It is the case of prosecution that all the accused persons on 27.2.2006 at about 12.55 p.m. in the Taluka Social Welfare Office at Yadgiri demanded a sum of Rs. 3,000/ -, Rs. 2,000/ - and Rs. 1,000/ - respectively as illegal gratification in order to do official favour to the complainant -Sri Zulfikar Ali S/o Shairali Soudagar in order to prepare bill and make payment of rent of the building belonging to the complainant and accepted Rs. 2,500/ -, Rs. 1,000/ - and Rs. 500/ - respectively in order to do official favour to the complainant and thereby they are charged for having committed offences under Sections 7 and Section 13(1)(d) r/w 13(2) of the PC Act.

(3.) THE prosecution in order to prove the case has examined in all six witnesses and got marked Exs.P1 to P -23 and produced MOs.1 to 18. The defence of the accused was one of total denial. The appellants got themselves examined as DW.1 and DW.2 respectively and also produced the certified copy of the proceeding of Chief Executive Officer, Zilla Panchayat as Ex.D -1. In the meantime accused No.1 by name Pandurang died and therefore the case was proceeded against the appellants and by the Judgment impugned in this case, the learned Special Judge was pleased to convict the appellants and sentenced them as aforesaid. It is this Judgment of conviction and sentence, which has been challenged by the appellants in this appeal.