SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) This Crl.A. is filed under Section 374(2) Cr.P.C by the advocate for the appellant/accused No.1 praying to set aside the order dated:27.09.2014 passed by the II Additional District and Sessions Judge, Tumkur in Spl.C. No.124/10-convicting the appellant/accused for the offence punishable under Section 7 and 13(1) d read with Section 13(2) of Prevention of Corruption Act, 1988 and the appellant/accused is sentenced to undergo R.I. for a period of six months and to pay a fine of Rs.5,000/-, in default of payment of fine, 3 months R.I. for the offence punishable under Section 7 read with 13(2) of Prevention of Corruption Act, 1988 and the appellant/accused is sentenced to undergo R.I. for a period of two years and to pay a fine of Rs.5,000/- in default of payment of fine, 3 months R.I. for the offence punishable Under Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988.

(2.) The case of the complainant in the trial Court is as under:

(3.) The contents of the charge sheet discloses that accused No.1 is Suresh Kumar, S/o Ujjinappa, aged about 34 years, working as Revenue Inspector, Huthridurga Hobli, Kunigal Taluk. Accused No.2 is Mahadevaiah S/o Madaiah, aged about 52 years, working as Village Accountant, Yalagavadi Circle, Huthridurga Hobli, Kunigal Taluk. CW1 purchased the land bearing Sy. No.1/2 measuring 1.26 acres, situated at Lingadevarapalya village from CW5- Narasimaiah and he registered the same. In order to change the katha, accused Nos.1 and 2 demanded a sum of Rs.20,000/-, then they agreed to receive Rs.15,000/-. That on 11.03.2009, at about 14.30 hrs. in the presence of CW1, 2 and 4, Rs.15,000/- was received by the accused, thereby alleged to have committed an offence punishable under Sections 7, 13(1)d read with Section 13(2) of Prevention of Corruption Act.