S.M. VIJAYAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Since these two appeals are arising out of the common judgment and since common questions of law and facts are involved in both the appeals, they have been taken up together to dispose of them by common judgment. Crl. Appeal No. 764/2009 is preferred by the appellant/accused being aggrieved by the judgment of conviction passed by the Prl. District & Sessions Judge, Bangalore Rural District in Spl. Case No. 63/2004 dated 08.09.2009.

(2.) Crl. Appeal No. 284/2010 is preferred by the appellant/complainant being aggrieved by the judgment and order of inadequate sentence dated 08.09.2009 passed by the Prl. District & Sessions Judge, Bangalore Rural District in Spl. Case No. 63/2004.

(3.) The case of the prosecution in brief is that one Shamanna is the complainant in this case. It is alleged that complainant is a resident of Vijayapura Village of Devanahalli Taluk. Smt. M. Nagarathnamma is his elder sister. In Sy. No. 287 of Vijayapura, property measuring 35 X 35 feet (site) stands in the name of his elder sister's husband's father viz., Chikkaveerappa. The said site is in possession of M. Nagrathnamma, her husband had died. She sought for change of katha in the year 2000. In this regard, an application was submitted to Tahsildar, Devanahalli. Thereafter, a surveyor has come from the office of the Tahsildar, prepared the sketch after inspecting the property. Then, for change of the katha, records were sent to the Revenue Inspector, Vijaykumar i.e., the accused. But the accused has not transferred the katha and he was postponing the same. In this regard, complainant's elder sister has contacted the accused, even then her work was not done. So complainant's elder sister has given the GPA in favour of complainant. So he contacted the accused, requested to do the work of his sister. Then, the accused has demanded Rs. 5,000/ - for transfer of katha. But complainant explained that they are poor, they cannot pay Rs. 5000/ -. Finally, the accused has asked atleast to pay Rs. 4000/ - and to pay the said amount on 01.08.2002 at the residence or at the office of the accused and promised to change the katha. As the complainant was not interested to pay the bribe amount to the accused, he approached the Lokayukta Police and lodged the complaint dated 31.07.2002 as per Ex.P -1.