LAWS(MAD)-2011-7-351

J SUNDER ALIAS SUNDARAM Vs. STATE

Decided On July 22, 2011
J. SUNDER @ SUNDARAM Appellant
V/S
STATE REP. BY INSPECTOR OF POLICE, CHENNAI Respondents

JUDGEMENT

(1.) THIS memorandum of grounds of criminal appeal is filed against the judgment dated 25.5.2004 and made in C.C. No. 16 of 2003 on the file of the Learned II Additional District Judge (CBI Cases) Coimbatore finding the appellant guilty under Sections 7 and 13 Sections 7 and 13 (2) read with 13(1) (d) of Prevention of Corruption Act 1988, convicting thereunder and sentencing to suffer 6 months of rigorous imprisonment under Section 7 and to pay a fine of Rs. 100/- in default to suffer two weeks of rigorous imprisonment, and sentencing to suffer 12 months (1 year) of rigorous imprisonment and also to pay a sum of Rs. 1,000/- in default to suffer 2 months of rigorous imprisonment. The sentences were directed to run concurrently and the period of incarceration undergone by the appellant till the date of judgment was also directed to be given set off under Section 428 Cr.P.C. The total fine amount of Rs. 1,400/- was paid on receipt.

(2.) THE appellant during March 2002, was employed as telephone mechanic at Palladam, Coimbatore District and as such he is a public servant. That on 10.3.2001 and 26.3.2002 he had demanded a sum of Rs. 400/- as illegal gratification other than legal remuneration from P.W.2, Janardhanan, for effecting the telephone line through, which was connected on 10.3.2002. That on 27.3.2002, he had directly demanded and accepted the bribe of Rs. 400/- from P.W.2 as motive or reward for the above said work. Hence, P.W.10 Mr. J.I.Lurdus Anandan, Inspector of Police attached to ACB/CBI, Chennai had laid a final report against the appellant on 19.6.2003 before the Learned II Additional District and Sessions Judge (CBI Cases), Coimbatore.

(3.) THE prosecuting agency in order to establish it"s case had totally examined 10 witnesses and during the course of their examination Exhibit P-I to P27 and the material objects ranging from M.O.1 to M.O.5 were marked.