SHIVAPPA MUDDAPPA KARJAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 13.09.2013 passed by the learned Spl. Judge, Haven in Spl. (Lok) Case No. 5/2007 is called in question in this appeal. By the judgment and order of conviction the appellant -accused has been convicted for the offences punishable under Sec. 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act (hereinafter referred to as 'Act' for brevity). The accused -appellant challenged the legality and correctness of the judgment of the trial Court on the grounds as mentioned in the appeal memorandum.

(2.) The case of the prosecution as per the complaint averments are that, P.W. 2 -one Hussainsab son of Saleembasha Humnabad, resident of Aladakatti filed complaint before the Lokayuktha Police on 29.05.2007 as per Ex. P.20. He has alleged that he is residing in the address mentioned in the complaint and leading his life by doing agriculture. In connection with the land in the name of his grandfather Chandsab there were partition proceedings between himself and his uncle Davalsab. In that connection he was in need of the death extract of his grandfather -Chandsab. Complainant filed application before the Tahasildar office at Haven. The office of the Tahasildar gave endorsement that the death extract is not available. Then the complainant filed criminal miscellaneous case before the J.M.F.C. Court arraying the Tahasildar as respondent seeking direction to the Tahasildar for issuing death extract of his grandfather.

(3.) I have heard arguments of the learned counsel appearing for the accused and also the learned standing counsel for the respondent Lokayuktha.