N. SHIVANNA Vs. STATE

JUDGEMENT

(1.) The appellants herein (accused Nos.1 and 2) have been convicted for the offences punishable under Ss. 120B and 420 of the Indian Penal Code, 1860 (for brevity "IPC") and under Ss. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter for brevity referred to as "P.C. Act") in Spl.C.C.No.195/2009 and sentenced to undergo simple imprisonment for a period of two years for the offence punishable under Sec. 120B of IPC, two years for the offence under Sec. 420 of IPC and one year imprisonment for the offence under Sec. 13(1)(d) read with Sec. 13(2) of P.C. Act, apart from imposing fine of Rs.50,000.00 each for the offence under Sec. 120B of IPC, Rs.50,000.00 each for the offence under Sec. 420 of IPC and Rs.25,000.00 each for the offence under Sec. 13(1)(d) read with Sec. 13(2) of P.C. Act (totally Rs.1,25,000.00 to each of accused No.1 and accused No.2) with default sentence for each of the offences.

(2.) Facts which are most essential for disposal of the present appeals as per the charge sheet materials are as under:

(3.) Accused Nos.1, 2 and 5 contested the matter by denying the charges leveled against them. In order to bring home the guilt of the accused, prosecution proceeded to examine 71 witnesses as PW- 1 to PW-71. Prosecution also placed on record voluminous documentary evidence, which were exhibited and marked as Exs.P1 to P144.