R GUNALAN Vs. STATE

JUDGEMENT

(1.) These Criminal Appeals are filed by the appellants/A1 and A2 in CC.No.44/2001 against the judgement dated 12.04.2006 passed by the learned Special Judge Cum Chief Judicial Magistrate, Erode, convicting and sentencing each of the appellants/A1 and A2 for the offence under Sections 7, 13(2) and 13(1)(d) of the Prevention of Corruption Act to undergo one year Rigorous Imprisonment each and to pay a fine of Rs.1000/- each, in default to undergo Rigorous Imprisonment for one month each.

(2.) The case of the Prosecution is that the Appellant/A1 was working as a Senior Draftsman at Taluk Office, Gopichettipalayam and the Appellant/A2 was working as a Firka Surveyor at Vaniputhur Firka in the year 1999. The complainant S.P.Chennimalai Goundar is an agriculturist, a resident of Kanchanoor Village and a close friend of PW.4 Lawrence. He was looking after the lands of PW.4, which stood in the name of his wife Josephine Anthoniammal. She owned an an extent of 76 cents of wet lands, out of which, an extent of 3 cents had been sold to one Elangovan, PW.5 and four others on 22.6.1998 under Ex.P12 registered sale deed. While making sub division and when the lands were measured, A2 said to have committed a mistake by allotting 4 = cents in the sub division, which was detected by the Village Administrative Officer Indrani PW.7, who in turn informed the matter to PW.2. Thereafter, at the instance of the Revenue Inspector, A2 had assured to rectify the mistake.

(3.) After coming to know of the said mistake, Josephine Anthoniammal submitted a petition dated 26.02.1999 to the Tahsildar, Gopichettipalayam to rectify the mistake. As there was no response till the end of May 1999, PW.4 along with PW.2 met A2 on 08.06.1999 and came to know that the file was pending with A1. Later, PW.2 and PW.4 along with A2 met A1 on 08.06.1999 and requested for issuance of rectification order , for which according to the Prosecution, A1 and A2 have demanded Rs.1000/- and Rs.500/- respectively towards illegal gratification. As PW.2 and PW.4 had no money at that time, they were asked to bring the money to their Office on 11.06.1999. PW.2 and PW.4 were not willing to pay the bribe to A1 and A2 and therefore, they decided to give a complaint to the Vigilance Cell.