LAWS(MAD)-2010-10-329

G GUNASEKARAN Vs. STATE THROUGH THE INSPECTOR VIGILANCE

Decided On October 22, 2010
G.GUNASEKARAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE separate Appeals have been preferred by three Accused in C.C. NO.5/2002 and they are referred as Appellants 1, 2 and 3 in this common judgment.

(2.) THE First Appellant was working as Taluk Surveyor at Vadipatti Taluk. THE Second Appellant was working as Village Administrative Office at Mannadimangalam. Third Appellant is a Village Menial. One Pranjiammal of Mannadimangalam. Her son Selvam (hereinafter referred as Complainant), approached the Office of the Tahsildar to survey the property. Initially he paid a sum of Rs.40/- on 2.4.2001 and submitted an Application on 6.5.2001. THE First Appellant directed the said Selvam to come to the VAO's Office at Mannadimangalam. At the Office of the VAO, the 1st Appellant demanded Rs.3,000/- to survey the land. THE Complainant conveyed his inability and the First Appellant demanded Rs.1,500/- and directed the Complainant to appear on 16.5.2001. THE Complainant could not go on 16.5.2001. On 25.6.2001, the Complainant submitted another Petition and was directed to come to the office of the VAO on 27.7.2001. On that day also, he could not go. Another notice was received by the mother of the Complainant for her appearance on 2.8.2001. On that day, the complainant and his friend one Amavasai (P.w.5) went to the office of the 2nd Appellant. THE 1st Appellant asked the Appellant whether he has brought Rs.1,500/-. THE Complainant told that he had brought only Rs.500/-, for which, the 1st Appellant said that unless Rs.1,500/- is paid, the property will not be surveyed. THE Complainant was directed to come on 4.8.2001.

(3.) AT the office of the V.A.O. at 11.15 a.m., the 2nd and the 3rd Appellant were present. The 1st Appellant reached the office after some time. AT the instruction of the 1st Appellant, the 2nd Appellant handed over the instruments for survey. The 1st Appellant was ready to go for the survey, but the 2nd Appellant told that he was not well and he was not accompanying them. Before leaving, the 3rd Appellant, asked the Complainant whether he has brought the money for the surveyor. The Complainant took out the money and gave it to the 1st Appellant. But the 3rd Appellant directed the Complainant to give the money to the 2nd Appellant. The 2nd Appellant received the money and put it on the corner of the table. The Complainant, the Trap Witness and the Appellants 1 and 3 came out of the office and as arranged, the Complainant gave the signal upon which the P.W.11, the Investigating Officer and his arty confronted the Appellants.